The country could be facing a constitutional crisis after the High Court has today suspended the Senate decision impeach and replace Deputy President Rigathi Gachagua pending a determination by a bench to be constituted by Chief Justice Martha Koome.
Justice Chacha Mwita issued the conservatory order today after Gachagua challenged his removal in court, noting that the case raises “serious constitutional issues” that require a panel of uneven judges.
However, president William Ruto today nominated Interior Cabinet Secretary Kithure Kindiki as the DP and forwarded his name to the National Assembly for approval vote which was hurriedly executed, voted and National Assembly Speaker Moses Wetangula issued a special gazette notice declaring Kindiki as the Deputy President-elect.
The court decision comes as a temporary reprieve to the embattled and ailing and now hospitalised Gachagua who is recuperating at the Karen Hospital.
Through the conservatory orders dated October 18, 2024, Justice Chacha Mwita barred and suspended the implementation of the Senate ouster decision against Gachagua and his replacement process until October 24, 2024 when a bench to be constituted by Chief Justice Martha Koome will mention the matter.
“Due to the issues raised in the petition and application, and the urgency demonstrated, a conservatory order is hereby issued staying implementation of the resolution by the Senate upholding the impeachment charges against the petitioner, the Deputy President of Kenya, including appointment of his replacement, until October 24, 2024 when the matter will be mentioned before the bench to be appointed by the Chief Justice, for appropriate orders and action.” The order reads in part.
The orders were issued after Gachagua moved to court challenging the decision by Parliament, terming the process as flawed.
According to Gachagua, the decision by the Senate to remove him from the office by way of impeachment was arrived at without his participation after notoriously fall ill on the afternoon yesterday afternoon when he was scheduled to defend himself against the charges levelled against him.
Gachagua further told court that the Senate that the Speaker of the Senate rushed the proceedings before the house and unreasonably declined the house sittings to a later date.
He also ruled that the process to fill the Deputy President position must be halted until October 24, 2024, when the case will be mentioned before a bench appointed by Chief Justice Koome.
Consequently, Justice Mwita ruled that the pleadings be served immediately and be responded to within 3 days after service.
He further warned that non-compliance with the order by the respective parties would lead to “penal consequences.”
Justice Mwita’s ruling came shortly after 236 MPs at the National Assembly endorsed Interior Cabinet Secretary Kithure Kindiki as Kenya’s next Deputy President under the 2010 Constitution.
House Speaker Moses Wetangula declared Kindiki as Deputy President-elect and had his approval gazetted.