The High Court’s reasoning in the Gachagua Impeachment Case is so fundamentally flawed that I would be astounded if the Court of Appeal doesn’t overturn it.
The argument that setting aside the impeachment would cause a constitutional crisis is not a serious argument, especially in a case in which the principal petitioner had not sought an order for his reinstatement.
Kithure Kindiki was not elected deputy president (and elected presidents and deputy presidents can be impeached without causing a constitutional crisis because the constitution itself has provided safety nets and procedures to be followed in those events). He was not born a deputy president. He has no right to be a deputy president. An order invalidating his appointment would require his replacement, or the REGULARIZATION of his appointment.
To elevate the irregular appointment of a deputy president to replace one who was improperly impeached to the level of a constitutional crisis calls into question not just the moral turpitude of the judges, it also impugns their competence.
The Chief Justice has posted the 24 newly appointed Judges of High Court (11 at Nrb) as follows:
A. Commercial &Tax
1. Winnie Narasha Molonka
2. Leticia Muthoni Wachira
3. Benard Wafula Murunga
B. Judicial Review
1. Dr Nabil Mokaya Orina
C. Constitutional
1. David Wanjohi Mburu
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