A Nairobi High Court will hear and determine a petition filed by Nakuru based politician Asumpta Wangui Muiruri and 6 others seeking Judicial review on the public participation conducted on the impeachment of Deputy President Rigathi Gachagua.
The petitioners are seeking orders from the courts to nullify the alleged public participation conducted in all the Counties on October 4, 2024 and repeated in all the 290 constituencies on October 5, 2024.
In the case, the Clerk of National Assembly, MP Mutuse Mwengi and the Attorney General have been enlisted as 1st, 2nd, 3rd, and 4th respondents respectively.
Asumpta Wangui Muiruri, Edward Kings Onyancha, Yusuf Ngunyi, Simon Sangale Nasieku, Ben Gathogo, Samuel Murage Karigitho and Johnson Kireru Mwangi are the petitioners in the matter under certificate of urgency.
They argue that the public participation breached every applicable relevant laws and violated each and every applicable relevant articles of the constitution of the republic of Kenya.
Further, that the exercise also did not factor in members of Seventh Day Adventist Church who always attend service on Saturday.
The matter was initially filed at the Nakuru Law Courts, however Hon. Lady Justice Hedwig Ong’undi gave directions virtually in the matter on October 10, 2024 referring it to a Nairobi High Court.
And on Tuesday October 15, 2024, the petitioners were in Nairobi to serve the respective parties.
According to one of the petitioners Asumpta Wangui Muiruri, this is a standard alone case hence not among the several consolidated cases on the impeachment of DP Gachagua.
“Our case is a stand-alone because it is a Judicial Review,” stated.
In court papers seen this writer, the matter is registered PET 555/2024 at the Milimani High Court Nairobi under certificate of urgency and will be heard and determined before Hon. Mr Justice Bahati Mwamuye.
