A Kenyan high court has temporarily suspended the senate’s decision to impeach Deputy President Rigathi Gachagua.
Gachagua proceeded to the high court earlier today to stop
the implementation of the impeachment on grounds of “monumental constitutional
issues”.
The court, led by Chacha Mwita, temporarily halted the
impeachment pending a hearing on the petition.
The court also suspended the appointment of a replacement
for the post of deputy president. Kenya President William Ruto had nominated
Kithure Kindiki, interior minister, as his new deputy.
On Friday morning, the national assembly approved Kindiki’s
appointment.
“Upon considering the pleadings, supporting affidavit, and
attachments, I am satisfied that the petition and application raise 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,” Mwita said.
“Due to the issues raised in the petition and application
and the urgency demonstrated, a conservatory order is hereby issued, staying
the implementation of the resolution by the Senate upholding the impeachment
charges against the petitioner (Gachagua) until October 24, when the matter
will be mentioned before the bench to be appointed by the chief justice for
appropriate orders and action.”
BACKGROUND
Gachagua was impeached by the senate on Thursday night while hospitalised.
281 MPs voted in favour of his ouster. One MP abstained from
voting.
Gachagua, who faced 11 charges, was impeached on five
counts.
The charges include ground one of shareholding, ground four
of undermining the independence of judges, ground five of the National Cohesion
and Integrity Act 4, ground six of crimes under the National Cohesion Act, and
ground nine of gross misconduct (public attacks on the national security
intelligence service).
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