Former Deputy President Rigathi Gachagua is expected in court to challenge his impeachment.
This follows Thursday’s decision of the Senate to impeach him after Senators upheld five of the 11 allegations against him.
Gachagua was not present at the time of impeachment as his lawyers said he had fallen seriously ill.
In a last-minute effort to regain his office, Rigathi Gachagua has moved to court to stop President William Ruto from nominating a person to fill the vacancy of the office of Deputy President.
Under a certificate of urgency, Rigathi through Senior Counsel Paul Muite maintains that the charges levelled against him before the national assembly and subsequently the Senate hold no water.
He says the Senate was required by law to act as an impartial arbitrator in considering whether the charges before it have been substantiated or not.
He maintains that the evidence relied on forming the basis for his impeachment was insufficient making the process flawed.
This he says went against the standard set by the court of appeal in the Martin Wambora case where it was decided that in matters of impeachment, allegations must be serious, substantial and weighty and that the charges as framed must disclose a gross violation of the law to which the DP maintains there was none.
In the meantime, the National Assembly is expected to hold a special on Friday, before it breaks for recess.
The sitting will be to discuss urgent matters including Bills.
MPs are set to proceed on a short recess commencing October 22, a day after the Mashujaa Day celebrations.
