Impeached Deputy President Rigathi Gachagua has yet again suffered another blow after the three-judge bench on Thursday, October 31, 2024, set aside conservatory orders that had blocked the swearing-in of Interior Cabinet Secretary Kithure Kindiki as the new DP.

Gachagua had obtained the orders that halted the implementation of the Senate Resolution on Gachagua’s impeachment.

Vacancy

Justice Anthony Murima stated that public interest demands that the Office of the Deputy President should not remain vacant.

“We are convinced and find that the current constitutional framework does not envision any scenario in which the office of the DP would remain vacant except during the brief period required to fill a vacancy,” Justice Murima stated.

Justice Eric Ogola stated that the conservatory orders that had been issued by Kerugoya High Court on October 18, 2024, had been discharged.

“The applications for conservatory orders are hereby disallowed. The conservatory orders on October 18, 2024, in Kerugoya High Court are hereby discharged,” Justice Ogola said.

Court of Appeal’s ruling

Earlier on, the Court of Appeal failed to issue orders stopping the three-judge bench from hearing and determining Gachagua’s fate.

Judges Patrick Kiage, Aggrey Muchelule, and George Odunga on Thursday, October 31, 2024, declined to issue stay orders but ordered the matter to be heard virtually on November 6, 2024, for further directions.

“We cannot give orders at this stage as other parties in the case have not been served in the consolidated case. The case will be mentioned on November 6 for further directions,” the Court of Appeal judges said.

Gachagua, through his lawyers, had moved to the Court of Appeal, challenging the decision of Deputy Chief Justice Philomena Mwilu to empanel a bench to hear his impeachment case.