In a hurry? Here’s a quick summary…
- The High Court has suspended Rigathi Gachagua’s impeachment and blocked his replacement until October 24, 2024.
- Gachagua’s petition claims the impeachment was rushed, and he was denied a fair chance to defend himself.
The High Court has suspended the Senate’s resolution to uphold former Deputy President Rigathi Gachagua’s impeachment, which took place on Thursday, October 17.
In a ruling delivered by Justice Chacha Mwita on Friday, the court noted that Gachagua’s petition raised important legal and public interest issues.
A conservatory order was issued to halt the implementation of the impeachment charges, including the appointment of Gachagua’s replacement, until October 24, 2024, when the case will be mentioned in court.
Justice Mwita directed the Chief Justice to appoint a bench to hear the petition, highlighting the significance of the issues raised.
The ruling emphasized that the case involves substantial questions of law and public interest, and should therefore be heard by a panel of judges.
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The file was ordered to be placed before Chief Justice Martha Koome for immediate consideration.
Through his legal team, Gachagua filed a petition seeking to prevent President William Ruto from filling the Deputy President position, citing the rushed nature of the impeachment process.
The petition expressed concern that parliament was hastily concluding the matter to replace him without proper consideration.
Gachagua further argued that he was denied the opportunity to defend himself, as the Senate sought to finalize the impeachment before midnight on October 17, despite his hospitalization.
The suspension of the impeachment comes after the National Assembly had already approved the nomination of Interior Cabinet Secretary Kithure Kindiki as Gachagua’s replacement. With this new development, Kindiki’s appointment and swearing-in will be delayed until the petition is resolved.