Kenyan court suspends impeachment of deputy president

A Kenyan high court has temporarily suspended the senate’s decision to impeach Deputy President Rigathi Gachagua.

Gachagua proceeded to the high court earlier today to stop the implementation of the impeachment on grounds of “monumental constitutional issues”.

The court, led by Chacha Mwita, temporarily halted the impeachment pending a hearing on the petition.

The court also suspended the appointment of a replacement for the post of deputy president. Kenya President William Ruto had nominated Kithure Kindiki, interior minister, as his new deputy.

On Friday morning, the national assembly approved Kindiki’s appointment.

“Upon considering the pleadings, supporting affidavit, and attachments, I am satisfied that the petition and application raise monumental constitutional issues touching not only at the heart of a functioning constitution but also its fundamental tenets of the rule of law and human rights,” Mwita said.

“Due to the issues raised in the petition and application and the urgency demonstrated, a conservatory order is hereby issued, staying the implementation of the resolution by the Senate upholding the impeachment charges against the petitioner (Gachagua) until October 24, when the matter will be mentioned before the bench to be appointed by the chief justice for appropriate orders and action.”

BACKGROUND

Gachagua was impeached by the senate on Thursday night while hospitalised.

281 MPs voted in favour of his ouster. One MP abstained from voting.

Gachagua, who faced 11 charges, was impeached on five counts.

The charges include ground one of shareholding, ground four of undermining the independence of judges, ground five of the National Cohesion and Integrity Act 4, ground six of crimes under the National Cohesion Act, and ground nine of gross misconduct (public attacks on the national security intelligence service).