The hearing of a case challenging the impeachment of former Deputy President Rigathi Gachagua has been postponed after key government agencies failed to respond on time. The matter was scheduled to begin on Monday, July 7, but was pushed to October 2.
A three-judge bench made up of Justices Anthony Mrima, Eric Ogola, and Fridah Mugambi was set to hear the petition. However, the court was forced to delay the proceedings after the Senate and the Independent Electoral and Boundaries Commission (IEBC) failed to submit their responses within the deadline.
The petition was filed by Kenyan citizen Joseph Enock Aura through his lawyer Harrison Kinyanjui. He is challenging the legality of Gachagua’s removal from office and the appointment of Interior Cabinet Secretary Kithure Kindiki as his replacement.
According to Kinyanjui, the respondents were served with court documents on May 29 and were given 14 days to reply. However, they failed to do so within the required time. In fact, some responses from the Senate and IEBC were only filed on the morning of the hearing.
The delay also affected an application by Aura to expand the current bench from three to five judges. Since the respondents did not respond to that application either, the court was unable to proceed with that matter as well.
Kinyanjui told the judges that the delay had seriously harmed his client’s chances for a fair and timely hearing.
The court has now set October 2 as the new hearing date, giving all parties more time to prepare their submissions.
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