Professor Kithure Kindiki cleared by the High Court to be sworn into the deputy president’s office formerly held by Rigathi Gachagua.Courtesy photo
NAIROBI — Deputy President Rigathi Gachagua’s impeachment saga took another dramatic turn on Thursday, with the High Court allowing him to appeal recent rulings while dismissing his request to hold to conservatory orders stopping the swearing in of Kithure Kindiki.
The court’s decision came after a series of legal challenges that have kept Kenya’s political landscape in suspense. Gachagua was impeached by the National Assembly on October 8 and subsequently removed by the Senate on October 17.
In a significant blow to Gachagua’s legal strategy, the High Court rejected his initial attempt to halt the impeachment process. The Attorney General argued that no conservatory orders were necessary, emphasizing the need for governmental stability.
“There was nothing to conserve after the Senate’s resolution,” a senior legal official stated, underlining the finality of the impeachment proceedings.
The Kerugoya Court’s previous injunction blocking the swearing-in of Kithure Kindiki was also quashed. Judicial authorities viewed the injunction as potentially creating a constitutional crisis.
Despite these setbacks, Gachagua’s legal team secured a crucial victory. The court has granted him permission to appeal the ruling, with the matter scheduled for hearing on November 7.
Legal experts suggest the appeal represents Gachagua’s last significant opportunity to challenge his removal. His legal arguments reportedly center on claims of procedural irregularities and insufficient public participation in the impeachment process.
The political implications remain substantial. Gachagua continues to contest what he describes as a “hurried” impeachment, maintaining his challenge through legal channels.
Kindiki has been waiting in the wings, ready to assume the deputy president’s role. However, the ongoing legal battle has effectively placed his installation on hold.
Political analysts are closely watching the developments, recognizing the potential precedent this case might set for future parliamentary proceedings.
The November 7 court mention is expected to be a critical moment in this high-stakes political and legal drama. Gachagua’s legal team will present arguments challenging the impeachment’s validity, while government representatives are likely to defend the parliamentary process.
As Kenya watches, the case continues to underscore the complex interplay between political institutions and judicial review.
The matter will be mentioned again on November 7, promising further developments in this ongoing political controversy.
