Court urges law to govern Deputy President impeachment as Gachagua ruling exposes legal gap

Court urges law to govern Deputy President impeachment as Gachagua ruling exposes legal gap
Court urges law to govern Deputy President impeachment as Gachagua ruling exposes legal gap - The High Court has said Kenya lacks a clear legal framework for removing a Deputy President, noting gaps in impeachment procedures and urging Parliament to enact clear legislation. (Photo: Senate of Kenya)
The High Court has said Kenya lacks a clear legal framework for removing a Deputy President, noting gaps in impeachment procedures and urging Parliament to enact clear legislation. (Photo: Senate of Kenya)

High Court upholds Rigathi Gachagua’s impeachment but directs Parliament to enact clear legislation governing the removal of a Deputy President, citing gaps in the current constitutional framework.

A three-judge bench has directed Parliament to urgently enact legislation establishing a clear legal framework for the removal of a Deputy President, noting that the Constitution does not currently provide detailed procedures governing impeachment under Article 150.
In a judgment arising from petitions challenging the impeachment of former Deputy President Rigathi Gachagua, the judges observed that the absence of comprehensive statutory guidance leaves critical procedural issues to the courts, creating uncertainty in constitutional practice.
“The absence of a comprehensive statutory framework leaves fundamental procedural questions to judicial determination, a situation that may undermine institutional certainty and public confidence,” the bench observed.

More To Read

While emphasising the need for reform, the court held that the legislative gap did not invalidate Gachagua’s impeachment.
The judges found that Parliament properly relied on Articles 144 and 145 of the Constitution, which outline the removal process for a President, to set the minimum standards applicable to the Deputy President.
Advertisement
“The constitutional provisions provided the minimum threshold necessary for conducting the impeachment proceedings,” the judges ruled.

Latest Stories

The bench also addressed concerns over the speed of the Senate process, noting that although Standing Order 78(2) provides a 10-day timeline for committee investigations, neither the Constitution nor Senate Standing Orders sets a fixed timeline for impeachment before the full House. It therefore held that the Senate was entitled to set its own timetable and that concluding the process within 10 days did not violate the Constitution. “The petitioners failed to demonstrate that the Senate's adoption of the 10-day timeline was unconstitutional,” the judges said.
The ruling upholds Gachagua’s impeachment while urging Parliament to close the legal gap through clear legislation to guide future Deputy President removal proceedings.

Other Topics To Read

Top Stories Today

Comments

0
Loading comments...

Trending

News | |
Africa | |
National | |
Videos | |
Somalia | |
Somalia | |
News | |
Somalia | |
National | |
Business | |

Latest Stories

Kenyans in Saudi Arabia advised to stay compliant as immigration crackdown intensifies
Headlines | |
The hunt for a new Ebola vaccine: Two scientists explain the challenges
Headlines | |
Court upholds Kindiki’s appointment as Deputy President, says public participation was not required
Headlines | |
Mombasa put on notice over weak revenue streams despite revenue growth
Coast | |
Court urges law to govern Deputy President impeachment as Gachagua ruling exposes legal gap
Headlines | |
Gachagua wins Sh50 million in damages but fails to overturn impeachment in landmark High Court ruling
Headlines | |
Knockout blow for Gachagua as High Court judges uphold his impeachment as Deputy President
Headlines | |
Renewed calls for more cycling lanes as Mombasa pushes green transport agenda
Coast | |
Uganda to deploy 80 health workers to DRC, establish temporary clinics in effort to contain Ebola outbreak
Headlines | |
Oil workers’ union sounds alarm over safety risks in Kenya’s petroleum sector
Headlines | |
Laikipia County asks High Court to stop proposed Ebola isolation facility at Nanyuki airbase
Headlines | |
Kamukunji MP Yusuf Hassan confirms priority allocation for existing traders in Gikomba market upgrade
City Affairs | |

Popular Stories This Week

Heavy rains forecast across Kenya this weekend, residents urged to take precautions
Charity Kilei |
Blatant disregard of court orders by state reduces Kenya to theatre of impunity
Ragow Khamis Musa |
Tanzania bans use of foreign currencies for local transactions
Maureen Kinyanjui |
Amid party turmoil, Edwin Sifuna says he’s staying put and won’t resign from ODM leadership
Lucy Mumbi |
Pakistan working on second round of US-Iran peace talks - reports
DW News |
Turkish airlines to suspend 18 international routes starting May
Mary Wambui |
KMTC announces 5,000 training slots for March 2025 intake
Charles Adinda |
Historical legacy: The uneasy Kenya–South Africa relationship explained
Mwangi Maina |
State directs Saccos to cover losses from KUSCCO scandal
Eastleigh Voice Reporter |
How the war in Iran has brought European countries closer together – without Trump
The Conversation |
Defence CS Soipan Tuya among 52 graduates at National Defence College ceremony
Mary Wambui |
UN warns organised crime in Africa’s illicit gold trade threatens global security
Mary Wambui |
Govt to slash civil servants’ hardship allowances in policy overhaul, saving Sh6bn annually
Maureen Kinyanjui |
Denmark suspends green-sector work permit processing for applicants from Kenya, Uganda and Tanzania
Rachael Mutabasi |
Oil tanker hijacked by suspected pirates off Somalia coast, 17 crew held hostage
Rachael Mutabasi |
What changed in 15 days? Kenya quietly moves ex-KRA boss Humphrey Wattanga from Pretoria to Ottawa
Mwangi Maina |
Ex-Kenya Simbas ace Joshua Weru signs with NFL's Philadelphia Eagles
Bashir Mbuthia |
Global oil prices surge as US–Iran peace talks stall
Rachael Mutabasi |
President Ruto leads Kenya in celebrating Sawe’s historic sub-two London Marathon run
Lucy Mumbi |
JSC nominates Justice Mohamed Warsame for appointment to Supreme Court of Kenya
Carolyne Kubwa |
Eliud Kipchoge hails historic marathon day as Sawe breaks two-hour barrier
Amina Wako |
Gachagua impeachment challenged in Court as lawyers allege constitutional violations
Carolyne Kubwa |
UAE’s OPEC exit has been long in the works and may mark the beginning of a Gulf realignment
The Conversation |
Forgot your Safaricom number? Here is a simple way to get it
Margaret Wanjiru |
Iran foreign minister leaves Pakistan, casting doubt over US–Iran indirect talks
Bashir Mbuthia |
Ghana rejects Sh14 billion US health deal over data access concerns
Bashir Mbuthia |
Marathon world record holder Sawe receives heroic welcome after historic London Marathon triumph
Erick Kariuki |
Businesses closed, Nairobi–Garissa buses halted over Mwingi clashes
Abdirahman Khalif |
Fuel prices in the East African region in Kenyan shillings
Charity Pancras |
OpenAI reportedly building AI-powered smartphone to rival iPhone
Margaret Wanjiru |