The High Court has temporarily halted the Senate’s decision to uphold the impeachment of Kenya’s Deputy President Rigathi Gachagua.
The ruling was issued on October 18, 2024, by Justice Chacha Mwita, following the filing of a petition and a Notice of Motion on the same date.
Justice Mwita stated that the petition raises critical constitutional issues, including the rule of law and human rights, that warrant further scrutiny.
"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 24th October 2024 when the matter will be mentioned before the bench to be appointed by the Chief Justice, for appropriate orders and action," said Mwita.
As a result, the court has issued an urgent conservatory order suspending the Senate’s impeachment resolution and the appointment of Gachagua’s replacement until October 24, 2024.
The case will be heard before a bench of judges to be appointed by the Chief Justice due to its public interest and substantial legal questions.
"THAT due the the significance of issues raised in the petition and application, I certify this matter as raising substantial questions of law and public interest and therefore fit to be heard by a bench of uneven number of judges to be appointed by the Hon. The Chief Justice. The file be placed before the Hon. Chief Justice immediately for consideration in that regard," said Mwita.The respondents have been given three days to respond to the petition, with the matter set to return to court for further directions.
This ruling temporarily shields Gachagua from impeachment, as the legal battle over the matter intensifies.
