The High Court has suspended the Senate resolution to uphold former Deputy President Rigathi Gachagua’s impeachment motion, which was conducted on Thursday, October 17.
In a ruling delivered on Friday, Justice Chacha Mwita noted that Gachagua’s petition raised significant legal issues and matters of public interest. He issued a conservatory order postponing the implementation of the impeachment charges, including the appointment of his successor, until October 24, 2024, when the matter will be presented in court.
The judge has now instructed the chief justice to establish a bench to review the petition. “That due to the significance of the issues raised in the petition and application, I certify this matter as presenting substantial questions of law and public interest, and thus it is appropriate to be heard by a bench of an odd number of judges to be appointed by the Hon.
” the chief justice. The file should be submitted to the Honorable. “Chief justice immediately for consideration in that regard,” the ruling stated in part.
Through his counsel, Gachagua submitted a petition to prevent President William Ruto from appointing someone to the position. He mentioned the expedited manner in which parliament has quickly moved to finalize the impeachment process and replace him.
“There is evident urgency to remove the deputy president from office and appoint another individual, which may be executed swiftly to hinder the deputy president, thus highlighting the necessity to address this petition and application,” the petition states in part.
He also contended that he was deprived of the opportunity to defend his case as the Senate aimed to resolve the matter before midnight on Thursday, October 17, despite his hospitalization.
The stay orders follow the National Assembly’s unanimous approval of Interior CS Kithure Kindiki as Gachagua’s replacement. Due to the new developments, Kindiki’s appointment and subsequent swearing-in process will be postponed until Gachagua’s petition is heard and resolved.
