Reprieve for Gachagua as court halts nomination of new DP
Impeached Deputy President Rigathi Gachagua has heaved a sigh of relief after court issued conservatory orders halting his removal from office and replacement.
High Court Judge Chacha Mwita on Friday gave the orders to be implemented pending the matter's mention slated for October 24, 2024.
Mr Gachagua had moved to court under certificate of urgency to challenge his impeachment by Parliament.
Justice Mwita said the petition "raised monumental constitutional issues and fundamental tenets of the rule of law and human rights".
"That in the meantime, due to the issues raised in the petition and and application, and the urgency demonstrated, a conservatory order is hereby issued staying implementation of the resolution by the Senate upholding the impeachment charges against the petitioner, the Deputy President of Kenya, including appointment of his replacement, until October 24, 2024, when the matter will be mentioned before the bench to be appointed by the Chief Justice, for appropriate orders and action," the order read in part.
Justice Mwita refered the matter to Chief Justice Martha Koome so as to appoint a bench of judges to hear it.
He said the matter raised substantial questions of Law and public interest, hence, the need to refer it to the Chief Justice.
National Assembly unanimously endorsed President William Ruto's nominee for Mr Gachagua's replacement - Prof Kithure Kindiki.
Prof Kindiki, who is the current Cabinet Secretary for Interior, was nominated by Dr Ruto, a day after the Senate upheld impeachment of Mr Gachagua.
Prof Kindiki was approved by 236 MPs during a Special Sitting that was chaired by House Speaker Moses Wetang'ula.
