Reprieve for Gachagua as Court suspends Impeachment

Friday, 18 October, 2024 

Peter Ochieng 

Former Deputy President Rigathi Gachagua has gotten a reprieve in court.

High Court judge Chacha Mwita on Friday afternoon suspended the impeachment of Gachagua, alongside the appointment of a new Deputy President. 

Mwita gave the stay orders until October 24, 2024 when the matter will be mentioned, on the backdrop of a petition filed by Gachagua, through his lawyers.

"That in the meantime, due to the issues raised in the petition and application, and the urgency demonstrated, a conservatory order is hereby issued staying implementation of the resolution of the Senate upholding the impeachment charges against the petitioner, the Deputy President of Kenya," stated the judge.

He added, "Including the appointment of his replacement until 24th October 2024 when the matter will be mentioned before the bench to be appointed by the Chief Justice for appropriate order and action."

He said the petition raised several questions of law and public interest, as far as the impeachment proceedings before the National Assembly and the Senate are concerned.

The suspension followed the National Assembly's endorsement of Kithure Kindiki’s nomination as the next Deputy President.

Members of Parliament (MPs) voted via roll call, due to technical difficulties experienced during the voting process.

236 legislatures voted in favour of the nomination, with 0 nays and 0 abstention. 

Earlier, National Assembly Speaker Moses Wetangula ruled out public participation in the approval process.

He explained that elective positions before the House, including those of Speaker, Deputy Speaker, and East African Legislative Assembly member, are not subjected to public participation.

“The practice of the House in these instances is that the House has always proceeded directly to vote without public participation. To this end, as far as Article 149(1) of the Constitution is concerned, the House votes upon receiving the nomination, and the requirement for public participation does not apply,” the Speaker ruled.

Wetang’ula said nomination and voting of Kithure Kindiki on the same day, is within the constitutional timeline provided for in the constitution.

“No debate arises on a matter that the House is required to take a vote. That the nomination of Kindiki and the vote is required is within the constitutional timeline. That the house business committee has resolved that the vote contemplated under article 149 (1) be taken today during this sitting of the House,” he added.

The vote came just hours after President William Ruto nominated Kindiki to succeed Gachagua, after the impeachment of the latter in the Senate on Thursday night.