A lawyer has filed a case at the Eldoret High Court seeking to prevent Chief Justice Martha Koome or anybody acting under her instructions from swearing in any nominated Deputy President if the Senate upholds the impeachment of current office holder Rigathi Gachagua.

Morara Omoke filed the petition, certified as urgent, challenging DP Gachagua's impeachment on several grounds, including the irregular collection of signatures from MPs, inadequate public participation, breaches of constitutional provisions, and the sidelining of the second-in-command from government functions.

"All these events were orchestrated eventually culminating in an impeachment motion tabled on October 1, 2024 by Hon. Mutuse Eckomas Mwengi, Member of Parliament, Kibwezi West Constituency," Omoke argued in official court documents seen by Citizen Digital.

"Events leading to this impeachment motion posed imminent risk on national unity and can easily lead to a repeat of history of the unfortunate post-election violence experienced in the Republic in 2007. 281 members of the National Assembly passed the impeachment motion."

According to Omoke, DP Gachagua's impeachment motion was not carefully thought out and taken through meaningful nationwide public participation.

"A Deputy President is an elected official whose removal from office must be people driven and must involve consultation of the people all across the nation," he said.

"Hon. Mutuse Eckomas Mwengi, Member of Parliament, Kibwezi West Constituency who tabled the impeachment motion did not conduct prior public participation prior to the collection of signatures."

Omoke further argued that the signature collection process for the DP's impeachment was flawed, lacking public participation and involving bribery.

He claimed that lawmakers faced threats of halted constituency projects if they did not support the motion.

Additionally, he alleged that some signatures were forged, citing Mwala MP Vincent Musyoka’s surprise at finding his name on the list despite not having signed.

"The Petitioner avers that in the list of collection of signatures, the signatures of Hon. Emmanuel Wangwe and that of Hon. Bernard M. Shinali were forged. The author of both their names and signatures is one and the same person as the handwriting is unmistakably identical," stated court papers.

"Similarly, the signatures of Hon. Lilian Siyoi and Hon. Paul K. Chebor are by the same author. The Petitioner also notes that Hon. Wario Guyo signed both at No.121 & 177 and the signatures are different. This shows the level of forgery that transpired in the collection of the signatures in support of the impeachment motion."

While citing that one of the grounds for impeachment is Gachagua's defense of the rights of people in the Mt. Kenya region, Omoke emphasised that targeting the DP based on regional support undermines all communities.

Additionally, the lawyer noted that DP Gachagua's role in spearheading coffee, milk, and tea reforms is regionally focused and that he is being unfairly targeted due to his duties assigned by the President.

He also mentioned that on September 23, 2024, National Assembly Deputy Speaker Gladys Boss announced her intention to lead the impeachment effort, suggesting it was predetermined before the motion was formally introduced.

"Similarly, on September 29, 2024, the Speaker of the National Assembly, Moses Masika Wetangula, while attending a church function at Wamunyu Catholic Church in Machakos County, took a stand on the impeachment motion publicly before it was tabled before the House for debate," Omoke argued.

"Instead of being a neutral party, he publicly supported the removal of the Deputy President on grounds of alleged inflammatory public utterances."

Subsequently, the Eldoret-based advocate sought conservatory orders restraining the Chief Justice or any person acting under her instructions from swearing in any nominated Deputy President should the impeachment motion sail through.

"A conservatory order be issued restraining the Chief Justice or any person acting under the instructions of the Chief Justice including the Deputy Chief Justice from swearing in any nominated Deputy President for purposes of taking over the role of current Deputy President under Article 149(1) of the Constitution of Kenya, 2010 pending the hearing and determination of this Application," the court documents read.

"The interested party herein remains in office and continues to discharge his mandate as the Deputy President of Kenya pending the hearing and determination of this Application."

He also sought to have the petition consolidated with all other petitions related to the impeachment of the Deputy President, designating it as the lead file.

"To aid in the disposal of the Petition, the President of the Republic of Kenya files an 8 Affidavit on whether he has any complaint against the Interested Party," said Omoke.

"This Court be pleased to certify that the petition herein raises substantial constitutional questions of general public importance and therefore refer the Petition herein to her Ladyship, the Chief Justice for appointment of a bench of an uneven number of judges being not less than three (3) pursuant to Article 165 (4) of the Constitution of Kenya, 2010. This Petition be subjected to a public hearing accessible to all members of the Republic of Kenya."