Kenyan court stops replacement of Rigathi Gachagua as deputy president

Deputy President Rigathi Gachagua is ushered in the Senate, Parliament Buildings Nairobi on Thursday, October 17, 2024 during the second day of his impeachment.

Photo credit: Photo | Dennis Onsongo | Nation

UPDATE: The High Court has issued temporary orders stopping replacement of Rigathi Gachagua as Deputy President until October 24 when the matter will be mentioned before a bench to be appointed by Chief Justice Koome.

The order was issued Friday by Justice Chacha Mwita, just moments after all 236 MPs in Parliament voted 'Yes' for DP nominee Prof Kindiki Kithure to replace Rigathi Gachagua. 

Earlier story

Impeached Deputy President Rigathi Gachagua has moved to court to challenge his removal from office by Parliament.

Through lawyer Paul Muite, Mr Gachagua further sought court orders to stop President William Ruto from nominating his successor, pending the determination of his case.

Parliament votes on the nomination of CS Kindiki as new DP

Mr Gachagua has challenged the entire process that led to his removal arguing that the charges levelled against are baseless and the evidence tabled before Parliament was insufficient.

"Unfounded and false allegations have been made against me in the impeachment motion before both houses. It would be in the interest of justice that such false information be corrected in line with the provisions of article 35 of the constitution," he said. 

Mr Gachagua says the Senate was required by law to act as an impartial arbitrator in considering whether the charges before it have been substantiated or not.

Dr Gikonyo: We have to keep the Deputy President for at least 48-72 hours to make sure he’s safe

He maintains that the evidence relied on forming the basis for his impeachment was insufficient.

Mr Gachagua has also sought an order blocking the National Assembly from vetting and approving the nomination of the person submitted by the president to fill the vacancy in the office of the Deputy President.

The meteoric rise and fall, of Rigathi Gachagua

President William Ruto has also presented the name of Prof Kithure Kindiki to the National Assembly for approval as the next DP. 

"It would be prejudicial to my client to allow the respondents gazette his removal by way of impeachment in a manner that stands contrary to basic constitutional provisions before this petition is heard and determined," said Muite.