High Court stops replacement of Rigathi Gachagua as DP

The high court has suspended the implementation of the impeachment of Deputy President Rigathi Gachagua, including the appointment of his replacement, until October 24.

Gachagua moved to the high court earlier today on an urgent matter to stop the impeachment implementation on grounds of “monumental” constitutional issues and human rights.

Justice Chacha Mwita temporarily halted the replacement of Deputy President Rigathi Gachagua, pending a hearing on a petition filed by Gachagua himself.

The matter will be mentioned before a bench, which Chief Justice Martha Koome is expected to appoint to address the issues raised in the petition, particularly the request to block Gachagua’s removal from office.

Justice Mwita said that due to the significance of issues raised in the petition, he was compelled to certify the matter as raising substantial questions of law and public interests and therefore fit to be heard by a bench of an even number to be appointed by the Chief Justice.

“Upon considering the pleadings, supporting affidavit, and attachments, I am satisfied that the petition and application raise 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,” stated Mwita.

“Due to the issues raised in the petition and application and the urgency demonstrated, a conservatory order is hereby issued, staying the implementation of the resolution by the Senate upholding the impeachment charges against the petitioner (Gachagua) until October 24, when the matter will be mentioned before the bench to be appointed by the chief justice for appropriate orders and action,” stated Mwita. He ordered the file to be forwarded to Koome.

It is this bench that will determine whether to lift Mwita’s orders pending hearing and determination of the latest appeal by Gachagua in his latest attempt for survival in the political arena.

Gachagua was impeached by the Senate on Thursday night while admitted to Karen Hospital in Nairobi.

On Friday morning, October 18, the National Assembly voted overwhelmingly in support of the new DP nominee, Kithire Kindiki, who currently serves as Cabinet Secretary for the Ministry of Interior.