The Kenyan High Court has suspended the impeachment of Deputy President Rigathi Gachagua, halting the Senate’s decision to remove him from office. The suspension, issued on October 18, 2024, came after Gachagua’s legal team raised critical constitutional questions about the impeachment process. Justice Chacha Mwita, who presided over the case, recognized the need for a thorough constitutional review before proceeding.
Justice Mwita ordered a halt to Gachagua’s impeachment, stating that the matter involved “monumental constitutional issues” that need to be reviewed by a panel of judges. The Chief Justice, Martha Koome, will appoint the panel to deliberate on these legal complexities, which may set a significant precedent for Kenya’s governance.
Gachagua’s legal team has contested the charges of gross violation of the Constitution and inciting ethnic hatred leveled against him, arguing that they are unsubstantiated. His lawyers accused the Senate of failing to act impartially during the proceedings, alleging that the process was politically motivated and not based on solid legal grounds.
Gachagua also sought court orders to prevent President William Ruto from appointing a new deputy president. This move comes after Ruto had nominated Interior Minister Kithure Kindiki as Gachagua’s successor following the Senate’s decision. Gachagua argues that the nomination should be suspended until the court reaches a final decision on his impeachment.
What Next?
The High Court has scheduled a mention of the case for October 24, 2024, when both sides will present further legal arguments. The court will decide on the constitutionality of Gachagua’s impeachment and the process for appointing a new deputy president. Until then, the current suspension remains in place, preventing any immediate changes to the country’s leadership.
This ruling has momentarily paused a turbulent political episode in Kenya, as the High Court navigates a case that could have lasting effects on the relationship between the executive and legislative branches of government.
Political Fallout and Legal Battle
At the Senate trial that effectively impeached Gachagua, his lawyers walked out after the Senate proceeded despite his illness, contending that his absence violated his right to a fair trial. Gachagua had been admitted to Karen Hospital with chest pains, where Dr. Dan Gikonyo, the hospital’s chief cardiologist, confirmed he would need at least 48 to 72 hours of observation.
This legal and political drama highlights the often fraught relationship between Kenya’s presidents and their deputies. While President William Ruto has remained silent on the matter, Gachagua has hinted that the impeachment could not have proceeded without Ruto’s approval, calling the process “political deceit, conmanship, and betrayal.”
The impeachment comes as a blow to the Ruto-Gachagua administration, which was voted into power in the 2022 elections. Gachagua, in a fiery statement, said the proceedings undermined the will of the Kenyan people who had voted for their ticket.
