NAIROBI, Kenya Oct 18 – The High Court has suspended the Senate’s impeachment of former Deputy President Rigathi Gachagua, pending a determination by a bench to be formed by Chief Justice Martha Koome.
Justice Chacha Mwita issued the conservatory order on Friday after Gachagua challenged his removal in court, noting that the case raises “serious constitutional issues” that require a panel of uneven judges.
He also ruled that the process to fill the Deputy President position must be halted until October 24, 2024, when the case will be mentioned before a bench appointed by Chief Justice Koome.
“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,” Justice Mwita ruled.
Consequently, Justice Mwita ruled that the pleadings be served immediately and be responded to within 3 days after service.
He further warned that non-compliance with the order by the respective parties would lead to “penal consequences.”
“That due the the significance of issues raised in the petition and application, I certify this matter as raising substantial questions of law and public interest,” Justice Mwita ruled.
Justice Mwita’s ruling came shortly after 236 MPs at the National Assembly endorsed Interior Cabinet Secretary Kithure Kindiki as Kenya’s next Deputy President under the 2010 Constitution.
House Speaker Moses Wetangula declared Kindiki as Deputy President-elect and had his approval gazetted.
Kindiki’s approval came after his nomination by President William Ruto, following a fallout with former Deputy President Gachagua, who was hospitalized on Thursday after suffering severe chest pains during his impeachment trial.
Gachagua was impeached after the Senate upheld five of the eleven charges against him.
Source: capitalfm
