High Court Pauses Impeachment Of Hospitalized Deputy President

Kenya’s High Court has temporarily suspended the impeachment of Deputy President Rigathi Gachagua, following a petition he filed challenging the Senate’s decision.

Gachagua, who was impeached by the Senate on Thursday night while hospitalized, sought the court’s intervention, citing “monumental constitutional issues.”

Justice Chacha Mwita, who presided over the case, granted a conservatory order on Friday, halting the Senate’s decision and freezing any steps to appoint a new deputy president. This came just hours after President William Ruto nominated Interior Minister Kithure Kindiki to replace Gachagua, with the National Assembly approving Kindiki’s appointment earlier in the day.

“After reviewing the petition and the accompanying evidence, it is clear that significant constitutional issues are at stake, including the rule of law and human rights,” Justice Mwita said. He further stated that due to the urgency and the constitutional implications, the court would halt the implementation of the Senate’s impeachment resolution until October 24. On that date, a bench appointed by the Chief Justice will hear the case and determine the way forward.

Gachagua’s impeachment saw 281 MPs voting in favor, with only one abstaining. The Deputy President was charged with 11 offenses, including undermining the judiciary’s independence, violating the National Cohesion and Integrity Act, and gross misconduct, which included public attacks on Kenya’s national security intelligence service.

The court’s decision puts a hold on Gachagua’s removal and the official swearing-in of Kindiki, creating uncertainty within the government. Gachagua’s defense argues that his impeachment violated key constitutional principles, and the case will now be closely watched for its potential impact on Kenya’s political landscape.
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