NAIROBI, Kenya, Oct 31 — Impeached Deputy President Rigathi Gachagua faced a significant setback as a three-judge bench lifted the conservatory order that had temporarily blocked his successor, Professor Kithure Kindiki, from assuming office. Justices Eric Ogola, Anthony Mrima, and Dr. Freda Mugambi ruled that maintaining a prolonged vacancy in the Office of the Deputy President would infringe upon the Constitution and compromise public interest.
The conservatory order, initially issued by the Kerugoya Court on October 18 after President William Ruto nominated Kindiki, was dismissed by the judges, who emphasized that the Deputy President’s functions cannot be fulfilled by the President, National Assembly Speaker, or any other official under the post-2010 Constitution. They concluded that extending the vacancy would be unconstitutional.
“The applications for conservatory orders are hereby disallowed. The conservatory orders issued on October 18, 2024, in Kerugoya High Court are hereby discharged,” read the bench’s ruling.
The court scheduled a mention of the petition challenging Gachagua’s impeachment for November 7, allowing petitioners to appeal while promising an expedited hearing.
This ruling marks the second blow to Gachagua within a day, following the Court of Appeal’s decision to deny temporary orders suspending the High Court proceedings. Presiding Judge Patrick Kiage, alongside Justices Aggrey Muchelule and George Odunga, deferred the appeal hearing to November 6, citing procedural issues related to service of the appeal on all respondents, including the Attorney General, National Assembly, and Senate.
The High Court has underscored its authority in reviewing parliamentary impeachment procedures, stating that such intervention is warranted if processes violate constitutional or legal standards. The ruling effectively clears the path for Kindiki’s swearing-in as Deputy President, scheduled for tomorrow at the Kenyatta International Convention Centre (KICC) in Nairobi at 10:00 a.m.
Stay tuned for live updates on this developing story as Kenya prepares for a critical shift in its leadership.
