Julius Kiprop
- The High Court has suspended the Senate’s decision to uphold the impeachment of Deputy President Rigathi Gachagua.
- Gachagua, represented by Senior Counsel Paul Muite, argued that the charges against him lacked merit and sufficient evidence.
- The court’s decision halts the Senate’s resolution and the swearing-in of Professor Kithure Kindiki as Deputy President until October 24, 2024.
In a significant legal twist, the High Court has suspended the Senate’s resolution to uphold Rigathi Gachagua’s impeachment. Gachagua, who challenged the charges in court, secured a reprieve through his legal team, led by Senior Counsel Paul Muite. The court’s decision halts all actions related to the impeachment, including the planned swearing-in of Professor Kithure Kindiki as Gachagua’s replacement.
Gachagua’s legal team argued that the impeachment process was flawed, citing a lack of substantial evidence. They claimed that the impeachment charges lacked merit, making the entire process unjust. Justice Chacha Mwita, who presided over the case, certified the matter as urgent, emphasizing its public interest and legal significance.
Justice Mwita issued a conservatory order, suspending the Senate’s resolution until October 24, 2024. This ruling temporarily halts Gachagua’s removal and the appointment of Kindiki as the new Deputy President. The case will now be reviewed by a special bench of judges appointed by Chief Justice Martha Koome, due to the substantial questions of law raised.
The suspension comes after Gachagua’s impeachment by the Senate on Thursday night, where he was impeached in absentia while hospitalized. His legal team walked out in protest after their request for a postponement was denied. Meanwhile, Kindiki’s appointment had already been approved by the National Assembly, with plans for his swearing-in on October 19, 2024. However, with the court’s intervention, Kindiki’s nomination now hangs in the balance.
For now, the legal battle surrounding Rigathi Gachagua’s impeachment has paused the Senate’s resolution. The upcoming court hearing on October 24, 2024, will determine the next steps. Until then, Professor Kindiki’s appointment as Deputy President remains uncertain.
