Court Halts Impeachment of Kenya’s Deputy President

The Kenyan High Court has temporarily halted the Senate’s decision to remove Deputy President Rigathi Gachagua from office.

This ruling followed Gachagua’s request to the court to intervene, which he argued was necessary due to significant constitutional concerns surrounding the impeachment process.

Justice Chacha Mwita issued the ruling, which will remain effective until Gachagua’s petition can be heard. This situation arose after the Senate voted to impeach Gachagua while he was undergoing medical treatment.

A notable majority, with 281 MPs voting in favor of his impeachment and one abstaining, found him guilty on five out of a total of eleven charges.

The court’s decision not only pauses the impeachment process but also delays the appointment of a new Deputy President.

Following Gachagua’s impeachment, President William Ruto proposed Kithure Kindiki, the Minister of Interior, to assume the Deputy President role, and Kindiki’s appointment was confirmed by the National Assembly the following day.

Justice Mwita remarked, “After reviewing the pleadings and supporting documents, I have determined that the petition presents significant constitutional issues that impact both the fundamental values of the constitution and the principles of rule of law and human rights.

He further stated, “Given the urgency and significance of these constitutional matters, a conservatory order is granted, and the Senate’s resolution to uphold the charges against Gachagua is stayed until October 24, when the case will be addressed by the chief justice’s appointed bench for further proceedings.”