High Court Halts Gachagua's Replacement as Deputy President

18, Oct 2024 / 2 min read/ By Livenow Africa

The High Court in Nairobi issued conservatory orders on Friday, blocking the appointment of Kithure Kindiki as Deputy President of Kenya, a move intended to replace Rigathi Gachagua following his impeachment.

In his ruling, Justice Chacha Mwita acknowledged the gravity of the petition filed by Gachagua's legal team, highlighting that it raised critical constitutional concerns related to the rule of law and human rights.

Justice Mwita ordered that the respondents, including those supporting Kindiki’s appointment, be served with the petition immediately. He directed them to file their responses within three days, citing the urgency and significance of the matter. The judge also suggested that a panel of judges be formed to hear the case due to the constitutional questions it raised. The Chief Justice, Martha Koome, is expected to appoint the panel.

"Considering the serious issues presented in this petition, a conservatory order is issued, staying the implementation of the Senate's resolution to uphold the impeachment of the petitioner, the Deputy President of Kenya," Justice Mwita’s directive stated.

The High Court also set October 24 as the date for the hearing, with Justice Mwita certifying the case as urgent.

This court ruling came shortly after the National Assembly had unanimously voted in favor of Kithure Kindiki's nomination as the new Deputy President. All 236 MPs present voted in support of the nomination, with no abstentions or objections.

"The House has overwhelmingly supported the nomination. The Speaker will now transmit the results to the President for final appointment," Speaker Moses Wetangula announced following the vote.

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