High Court Blocks DP Gachagua's Replacement

The High Court of Kenya has intervened in the ongoing political upheaval surrounding Deputy President Rigathi Gachagua.

Justice Chacha Mwita today issued temporary orders halting the replacement of Gachagua until October 24, when the matter will be further deliberated by a bench to be appointed by Chief Justice Martha Koome. The judicial action comes shortly after a unanimous vote in Parliament where all 236 Members of Parliament supported the nomination of Professor Kithure Kindiki to succeed Gachagua.

"I have received a message from the president on the nomination of Professor Kithure Kindiki to fill the vacancy in the office of the Deputy President of the Republic of Kenya," Wetang'ula said.

Wetang'ula has addressed procedural concerns, clarifying that same-day voting is constitutionally permissible and that public participation is not required for this appointment. In his official capacity, Wetang'ula explains that the practice of direct voting without public input applies to various parliamentary positions, including the Deputy Presidency. He emphasizes that this approach aligns with Article 149(1) of the Constitution, which stipulates that the House votes upon receiving a nomination for this office.

Justice Mwita certifies that Gachagua's petition raises substantial questions of law and public interest. In the interim, a conservatory order has been issued to stay the implementation of the Senate's resolution on Gachagua's impeachment, including any moves to appoint his replacement. Gachagua, through his legal representative Paul Muite, has mounted a challenge against the impeachment process. He contends that the allegations leading to his removal were unsubstantiated and lacked evidentiary support. The impeached Deputy President is seeking to prevent President William Ruto from nominating a successor while his case is under consideration.

At the heart of Gachagua's legal argument is the claim that the impeachment proceedings were conducted unconstitutionally, denying him the right to a fair hearing as guaranteed by Article 50(1) of the constitution. He asserts that the Senate, which was tasked with acting as an impartial arbitrator, based its decision on insufficient evidence. The impeachment process that led to this point was fraught with controversy. Gachagua faced 11 charges, including allegations of corruption, inciting ethnic divisions, and undermining the government.

The Senate ultimately voted to impeach him on five of these charges, making him the first Kenyan deputy president to be removed from office through impeachment since the implementation of the 2010 constitution.