The High Court has barred the state from replacing the former Deputy President Rigathi following his impeachment at the Senate on Thursday, October 17, 2024.
In a ruling on Friday, October 18, 2024, High Court judge Justice Chacha Mwita issued temporary orders barring the seat from being filled pending the hearing of the case on October 24, 2024, before a bench appointed by Chief Justice Martha Koome.
“In the meantime, due to the issues raised in the petition and application, and the urgency demonstrated, a conservatory order is hereby issued staying implementation of the resolution by the Senate upholding the impeachment charges against the petitioner, the Deputy President of Kenya, including the appointment of his replacement,” Justice Mwita said.
“That due to the significance of the issues raised in the petition and application, I certify this matter as raising substantial questions of law and public interest and, therefore, fit to be heard by a bench of an uneven number of judges appointed by the Hon. Chief Justice. The file be placed before the Hon. Chief Justice immediately for consideration in that regard,” Chacha further ruled.
NA approves Kindiki
This comes after the National Assembly voted overwhelmingly in support of President William Ruto’s nominee for deputy president Kithure Kindiki who currently serves as the Cabinet Secretary for Interior and National Administration.
236 Members of the National Assembly voted in support of Kindiki during the Friday, October 18, 2024, special session.
The vote was succeeded by the gazettement of Kindiki by the speaker of the National Assembly Moses Wetang’ula as the Deputy President-elect.
Gachagua was impeached on Thursday, October 17, 2024, after senators found him complicit in five of the six grounds brought against him as the basis of his removal from office by way of impeachment.
Chest pains
The embattled former Deputy President arrived at the Senate earlier on Thursday but could not attend the afternoon session, where he was to testify against the allegations against him.
His lawyers said he had been admitted with severe chest pains at the Karen Hospital, and requested that the Senate session be halted until Gachagua had recovered, a plea which was not granted.
The senators went ahead to vote out Gachagua from office, in a move which he had earlier indicated was a political lynching which had the nod of the president.
