- Renowned City Lawyer Danstan Omari has written to Chief Justice (CJ) Martha Koome seeking an Empanelment in a petition filed by Sheria Mtaani na Shadrack Wambui.6bvy
He contends that their petition challenging the appointment of Pro.Kithure Kindiki,as Deputy President designate has been left out on Empanelment.
“My lady,kindly but urgently place the above matter before an uneven bench to enable us prosecute the case,”Said Omari .
In a letter dated October 22,2024, Omari who is representing DP Gachagua in some of Petitions says this petition has not been given any consideration so much,unlike other petitions filed on the same date of October 18,2024 that got a bench prior to Sheria Mtaani file in Nairobi.
He says that when the Kerugoya Petitions and those in Nairobi came before a three judge bench for directions/hearing after a bench was empaneled as per orders by Judge Mwongo and Chacha Mwita on October 18,2024,this petition was not called out.
Omari argues that Judge Lawrence Mugambi in hiscorder dated October 18,2024 certified this petition as one raising substantial issues of law necessitating a certification of empanelment of an uneven number of judges to hear and determine the petition.
“My lady the trial Judge pursuant to Article 165(4) of the constitution ordered the file to be placed before you for consideration of empanelment of a bench,”added Omari.
He adds that Sheria Mtaani na Shadrack Wambui is a non-governmental organisation registered under laws of Kenya to defend the less privileged,protect and promote the rule of law and constitutionalism within the country.
According to him,the said NGO filed a Constitutional petition under under certificate of urgency before Judge Lawrence Mugambi on the morning of October 18,2024 in the hope of arresting the constitutional breaches.
“It is our sincere hope that you returned safely from your trip in Geneva.While my lady you were away,the senate impeached the Deputy President of Kenya,Rigathi Gachagua in a process characterised by so many brazen violations of the constitution that provoked the filing of numerous Constitutional Petitions in Nairobi and Kerugoya on October 18,2024,”Said Omari in the letter to CJ Koome.
