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RIGATHI GACHAGUA & 9 ORS.
V.
THE SPEAKER OF THE NATIONAL ASSEMBLY & 7 ORS. AND WILLIAM SAMOEI RUTO & 2 ORS.

(2024) JELR 112581 (HC)

High Court 16 Oct 2024 Kenya
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- The case involves a consolidated set of petitions challenging the ongoing impeachment process of the Deputy President of Kenya. - The petitioners argue that the impeachment process violates constitutional provisions on public participatio

Case Details

Suit Number:CONSTITUTIONAL PETITION NO. E522 OF 2024
Judges:E.K.O. OGOLA, J A.C. MRIMA, J DR. FREDA MUGAMBI, J
Location:Nairobi

RULING NO. 1

Introduction:

1. On 11th October 2024, L.N. Mugambi J. in Petition E.522 of 2024 delivered a Ruling where he found that the Petition raised significant constitutional questions under Article 165(3)(b) and (d)(ii) of the Constitution. As a result, the judge determined that there was a need for the Chief Justice to empanel a bench under Article 165(4). The petitioners forwarded, alongside the Petition above, Petitions E. 506 of 2024, E. 509 of 2024, E. 525 of 2024, E. 528 of 2024, and E. 537 of 2024. Consequently, the Chief Justice on 14th October 2024 empanelled this bench to hear and determine the six Petitions.

2. The bench directed that the six Petitions be consolidated. The crux of these Petitions is that they challenge the ongoing impeachment process of the 1st Petitioner.

3. Emanating from the consolidated Petitions are four applications whose content and grounds is largely similar, as a result of which the applications were also consolidated and will be referred to as s…

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