The High Court on Monday declined to give interim orders to stop the presentation of the impeachment motion against Deputy President Rigathi Gachagua in Parliament.

In a ruling, High Court Judge Bahati Mwamuye declined to give an interim order after Gachagua allies led by former United Democratic Alliance Secretary General Cleophas Malala moved to court on Monday.

Malala and his team filed the petition seeking the court to halt the tabling and subsequent debate of the impeachment before the National Assembly on Tuesday, October 1, 2024.

''Before this Court is the Certificate of Urgency dated 30/09/2024 signed by the Counsel Peter Mwenda Njagi, the Chamber Summons dated 30/09/2024, and the Supporting Affidavit of the Petitioner/Applicant, Cleophas Wakhungu Malalah, dated 30/09/2024; all of which were filed. alongside a Petition dated 30/09/2024,'' part of the petition by Malala before the court read.

As per the court documents, Malala through his lawyer Mwenda Njagi wanted the court to grant orders to stop the tabling, debating, considering, or acting upon any motion for the removal or levying of sanctions against the DP

Malala further argued that the National Assembly and the Senate were currently unlawfully constituted and therefore lacked the mandate to debate the impeachment.

''The basis advanced by the Petitioner/Applicant is that the 1st and 2nd Respondents, the National Assembly and the Senate respectively, are allegedly unconstitutional in terms of their composition due to an alleged failure by the respondents (National Assembly and Senate), jointly and severally, to meet theconstitutional requirements regarding the 'no more than two-thirds gender rule' set out under Article 27(8) and Article 81(b) of the Constitution,'' the court documents added.

Judge Mwamuye, however, cited the matter as urgent and directed the petitioner(Malala) to serve the National Assembly and the Senate together with other interested parties by the close of business on September 30, 2024. 

''The Petitioner/Applicant shall serve the Chamber Summons, the Petition, and this Court Order on the Respondents and the Interested Parties by close of business today, 30/09/2024, and file an Affidavit(s) of Service in that regard by end of day 30/09/2024.''

The respondents and the interested parties have until October 3, 2024, to respond to the issues leveled against them and serve the court with the same response. 

The case will be mentioned before the High Court on October 7, 2024, for further directions and issuance of orders. 

A section of lawmakers led by Kimilili MP Didmus Barasa is determined to table the impeachment motion on Tuesday and noted that they collected 242 signatures surpassing the required 117 threshold.