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“Due to the issues raised in the petition and application and the urgency demonstrated, a conservatory order is hereby issued, staying the implementation of the resolution by the Senate upholding the impeachment charges against the petitioner (Gachagua) until October 24, when the matter will be mentioned before the bench to be appointed by the chief justice for appropriate orders and action.” The ruling comes after Gachagua sought the court’s intervention to prevent the implementation of the impeachment, citing “monumental constitutional issues” involved in the process.
Mwita said,“Upon considering the pleadings, supporting affidavit, and attachments, I am satisfied that the petition and application raise monumental constitutional issues touching not only at the heart of a functioning constitution but also its fundamental tenets of the rule of law and human rights..
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