Sharp Twist As Gachagua Obtains Court Orders Blocking His Impeachment

The High Court in Nairobi has issued conservatory orders stopping the Senate’s decision to impeach Rigathi Gachagua.

This came at the same time Members of the National Assembly approved President William Ruto’s nomination of Interior Cabinet Secretary (CS) Kithure Kindiki as the Deputy President of the Republic of Kenya.

While issuing the directive on Friday, October 18, Justice Chacha Mwita noted that the petition raised 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.

The Milimani Law Courts in Nairobi. /FILE

“THAT in the meantime, 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 the appointment of his replacement, until 24th October 2024 when the matter will be mentioned before the bench to be appointed by the Chief Justice, for appropriate orders and action,” the ruling seen by Viral Tea read in part.

Justice Chacha Mwita ordered the petitioner to immediately serve the application to the respondents with the judge further directing the respondents to file their applications in the next three days.

According to the High Court judge, the petition raised 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 Chief Justice Martha Koome.

“That due to 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 an 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,” added the ruling.

Following the injunction, the High Court resolved to set October 24, 2024, as the date for the hearing of the matter which was certified as urgent by Justice Chacha Mwita.

At least four petitions have been filed seeking to stop President William Ruto from appointing Professor Kindiki as the new Deputy President. 

This is after the National Assembly approved Kindiki for appointment by the President and Speaker Moses Wetangula gazetting the decision of the MPs.

The petitions, filed by various individuals and organizations, challenge the impeachment process of Rigathi Gachagua and the subsequent nomination of Kindiki. They argue that the entire process was unconstitutional, marred with procedural inconsistencies, and driven by political motives.