Court Stops Replacement of Gachagua as Deputy President

The High Court has suspended the senate resolution to uphold former Deputy President Rigathi Gachagua’s impeachment motion held on Thursday, October 17.

In a ruling delivered on Friday, Justice Chacha Mwita cited that Gachagua’s petition raised pertinent issues of law and public interest.

He issued a conservatory order staying the implementation of the impeachment charges, including the appointment of his replacement until October 24, 2024, when the matter will be mentioned before court.

The judge now directed the Chief Justice to appoint a bench to hear the petition.

“That due the the significance of issues raised in the petition and application, I certify this matter as raising substantial questions of law and public interest and therefore fit to be heard by a bench of uneven number of judges to be appointed by the Hon. The Chief Justice. The file be placed before the Hon. Chief Justice immediately for consideration in that regard,” the ruling read in part.

Through his counsel, Gachagua filed a petition seeking to bar President William Ruto from filling the position. He cited the hurried nature in which parliament has rushed to conclude the impeachment process and replace him.

“There has been a demonstrated urgency to remove the Deputy President from office and install another person, which may be done hurriedly with a view to frustrating the Deputy President, hence the urgency to hear this petition and the application,” the petition reads in part.

He also argued that he was denied the right to defend his case as the Senate sought to conclude the matter before Thursday midnight, October 17, despite him being admitted in hospital.

The stay orders come after the National Assembly had unanimously approved the nomination of Interior CS Kithure Kindiki as Gachagua’s replacement. With the new development, Kindiki’s appointment and subsequent swearing-in process will have to wait until Gachagua’s petition is heard and determined.