A Kenyan High Court judge has issued an urgent order temporarily halting the impeachment of Deputy President Rigathi Gachagua, marking a significant development in the country’s political landscape.
Justice Chacha Mwita of the High Court in Nairobi issued a conservatory order on October 18, 2024, staying the implementation of the Senate’s resolution to uphold impeachment charges against Gachagua. The order also prevents the appointment of his replacement until October 24, when the matter will be further considered.
In his ruling, Justice Mwita stated that the petition and application raised “monumental constitutional issues touching not only at the heart of a functioning constitution but also its fundamental tenets of the rule of law and human rights.”
The case, filed by Gachagua against the State Law Office, the Senate, and three other parties, has been certified as “raising substantial questions of law and public interest.” As a result, Justice Mwita has recommended that it be heard by an uneven number of judges to be appointed by the Chief Justice.
“Due to the issues raised in the petition 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,” the court order read.
The judge has ordered that all pleadings be served immediately and responded to within three days. The file has been placed before the Chief Justice for immediate consideration regarding the appointment of a bench to hear the case.
