Rigathi Gachagua's supporters will march to the official residence of the Deputy President in Karen on Tuesday, May 12, in a power move to reclaim the office, according to former KICC board chairperson Irungu Nyakera.
In a statement on Monday, May 11, Nyakera claimed that the peaceful procession will follow an international press conference at Chester House, and pickups will be made in several Nairobi estates, including Kayole, Dandora, Muthurwa, Kawangware, Githurai, Pumwani, Mwiki, Utawala, and Ngong.
According to him, this is because of the latest ruling by the court of appeal, arguing that the former deputy president was duly elected into his seat in the 2022 general elections and thus needed to reclaim his seat.
"Rigathi Gachagua was duly and democratically elected on August 9, 2022. His removal from office, therefore, subverted the sovereign will of the Kenyan people who elected him," he stated.
"Following the ruling of the court of appeal, we will hold an international press conference at Chester House tomorrow, followed by a peaceful procession to Karen, where the Deputy President will reclaim his rightful residence."
Furthermore, Nyakera declared that the march would not only be a political statement but a constitutional correction, thus inviting citizens, civil society, media, and international observers to witness and participate in the "historic reclamation of justice and democratic order".
On May 9, the Court of Appeal declared that Deputy Chief Justice Philemona Mwilu’s decision to empanel a three-judge bench to listen to Gachagua's impeachment case was unconstitutional.
Following the court ruling, the three-judge bench composed of Anthony Mrima, Frida Mugambi, and Eric Ogolla ceased to exist, and the Chief Justice, Martha Koome, was directed to empanel a new three-judge bench within the next 14 days.
According to the appellate court, the powers to empanel a judge bench were only reserved for the Chief Justice.
“And while we do not doubt the bona fides of the Deputy Chief Justice in constituting the benches, we have discussed why it is critical for the reason or reasons why the Chief Justice did not exercise the constitutional mandate reserved for the Chief Justice to be communicated to the parties and the public, and that reason or those reasons be set out in the empanelment order,” part of the court’s ruling read.
Since the ruling, the country's second-in-command seat has been in question, as Gachagua and his legal team had challenged his impeachment as DP and sought to bar his successor, Professor Kithure Kindiki, from assuming office.
He had appealed the empanelment, arguing that Justice Mwilu, not being the substantive Chief Justice, lacked the constitutional authority to empanel a bench at the time.
