AG Dorcas Oduor Defends Kindiki's Appointment As Deputy President In Gachagua Ouster Case

Attorney General Dorcas Oduor has asked the High Court not to nullify the removal of Rigathi Gachagua as Deputy President arguing that judges have no authority to review political decisions made by Parliament.

Through her lawyer Professor Githu Muigai the AG also defended the appointment of Professor Kithure Kindiki to replace Gachagua following his impeachment in October 2024. 

She argued the move was an exclusive presidential prerogative under the Constitution and did not require approval from the Independent Electoral and Boundaries Commission.

The argument was a direct response to petitioners who claimed Kindiki's appointment was invalid because IEBC lacked commissioners to vet his suitability at the time. 

Prof Muigai told a three-judge bench hearing consolidated petitions against Gachagua's removal that only two parties matter in such a process.

"The President nominates and the National Assembly can accept or reject. Those are the only players," he told the court. 

He added that involving the IEBC would only be a voluntary verification step and not a constitutional requirement.

Prof Muigai maintained that the court's role is limited to determining whether Gachagua's constitutional rights were violated during the impeachment process and not to re-examine evidence or second-guess Parliament's decisions.

"The court cannot transform itself into an appeal body against political decisions of Parliament," he stated firmly.

Meanwhile lawyers representing the National Assembly and Prof Kindiki announced plans to cross-examine cardiologist Dr Daniel Gikonyo over his affidavit. 

The affidavit claimed Gachagua was admitted to Karen Hospital with severe chest pains on the same day the Senate was debating his impeachment motion.

Dr Gikonyo stated in the document that President Ruto called him on October 17 2024 to inquire about Gachagua's condition. 

Defence lawyers opposed the affidavit saying it was filed late and introduced fresh evidence at an advanced stage of the case.

The court however admitted the document in the broader interests of justice. Prof Muigai further argued that by the time the Senate voted Gachagua had already been removed from office making any additional steps unnecessary.

The case will resume on May 13 with the court expected to hear further submissions from all sides.