High Court Issues Orders Stopping Gachagua From Being Replaced

The High Court in Nairobi has issued a conservatory order temporarily halting the appointment of Kithure Kindiki as the new Deputy President of Kenya, following the impeachment of Rigathi Gachagua. The court’s decision came just hours after the National Assembly voted in favour of Kindiki’s nomination.

Key Highlights:

Court Blocks Kindiki Appointment: The High Court has issued a conservatory order preventing the immediate appointment of Kindiki as Deputy President.
Petition Filed by Gachagua’s Legal Team: Justice Chacha Mwita noted that Gachagua’s legal team raised significant constitutional questions, warranting a pause on the Senate’s impeachment resolution.
Urgent Court Hearing Set for October 24: The matter will be heard by a special bench to be appointed by Chief Justice Martha Koome, as the case is considered urgent.
Parliament Supports Kindiki Nomination: Prior to the court order, all 236 MPs in attendance unanimously voted in favour of Kindiki’s appointment as Deputy President.

Court halts Kindiki’s appointment

In a ruling issued today, Justice Chacha Mwita stopped the appointment of Interior Cabinet Secretary Kithure Kindiki as Deputy President, pending a full hearing on the constitutional issues raised by Gachagua’s legal team. Justice Mwita noted that the petition brought forth by Gachagua raised “monumental constitutional issues” concerning the rule of law and human rights, which necessitated urgent attention.

The judge directed that the case be heard by a bench of an uneven number of judges, which will be appointed by Chief Justice Martha Koome. He also ordered the respondents in the case to file their submissions within the next three days. “The petition raises substantial questions of law and public interest and should be heard urgently,” the court statement read.

Gachagua’s legal challenge

The petition filed by Gachagua’s legal team challenges the Senate’s impeachment resolution, with Gachagua seeking to have the decision overturned. The legal team argues that the impeachment process violated key constitutional principles, particularly concerning fair trial and natural justice.

In response, the court issued a conservatory order to stay the Senate’s resolution, effectively pausing the process of appointing Kindiki as the new Deputy President until the petition is fully heard. The court set October 24 as the date for the hearing.

Parliament’s overwhelming support for Kindiki

Before the court’s intervention, the National Assembly had overwhelmingly supported Kindiki’s nomination. All 236 members present voted in favour of his appointment, with none abstaining or opposing the nomination.

Speaker Moses Wetangula, who presided over the parliamentary vote, declared the motion passed, saying, “The vote is overwhelmingly ‘yes’ in favour of the nomination. The Speaker will transmit the results to the President for the next steps.“

Despite the unanimous support in Parliament, the court’s decision means that Kindiki’s appointment as Deputy President remains on hold until the matter is resolved in court.