Court temporarily halts deputy president impeachment

Kenya’s High Court has temporarily suspended the Senate’s decision to impeach Deputy President Rigathi Gachagua.

The decision was made after Gachagua moved to the court earlier today, challenging his ouster on the grounds of “monumental constitutional issues.”

Presiding over the case, Justice Chacha Mwita issued a conservatory order, halting the implementation of the Senate’s impeachment resolution until a hearing is conducted. The court also suspended the appointment of Gachagua’s replacement, which had already seen Interior Minister Kithure Kindiki nominated by President William Ruto and approved by the National Assembly earlier this morning.

“Upon considering the pleadings, supporting affidavit, and attachments, I am satisfied that the petition and application raise monumental constitutional issues touching not only on the heart of a functioning constitution but also its fundamental tenets of the rule of law and human rights,” Justice Mwita stated.

He added that, given the urgency of the matter, the conservatory order will stay in effect until October 24, when the case will be mentioned before a bench appointed by the Chief Justice for further proceedings.

Gachagua’s impeachment came late Thursday night while he was reportedly hospitalized. The Senate voted overwhelmingly in favor of the motion, with 281 MPs supporting his removal and just one abstaining. Gachagua was impeached on five out of 11 charges, which included accusations of undermining judicial independence, violations of the National Cohesion and Integrity Act, and gross misconduct related to public attacks on Kenya’s national security intelligence service.

This court ruling temporarily blocks Gachagua’s removal and the installation of Kindiki as the new deputy president, adding another layer of complexity to the ongoing political crisis.

As the nation awaits the final decision from the judiciary, this development has created uncertainty over the leadership at the top levels of government, raising questions about the future of the Deputy Presidency in Kenya.