The political landscape in Kenya has taken a dramatic turn following the High Court’s intervention to halt the appointment of Kithure Kindiki as the new Deputy President.
This decision comes in the wake of Rigathi Gachagua’s impeachment, marking a significant moment in the country’s governance.
High Court Ruling
On October 18, 2024, High Court Judge Chacha Mwita issued a conservatory order preventing the National Assembly from endorsing Kindiki’s nomination.
The ruling also stayed the Senate’s resolution that upheld the impeachment charges against Gachagua. Judge Mwita emphasized that the case raised “monumental constitutional issues” that touch on fundamental tenets of the rule of law and human rights.
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He ordered the court to serve the pleadings immediately, requiring responses within three days, and set a mention date for October 24, 2024, for further proceedings.
The court’s ruling underscores the urgency and significance of the issues at stake. Mwita stated,
This matter raises substantial questions of law and public interest,
Justice Mwita
Background on Gachagua’s Impeachment
Gachagua was impeached after the Senate upheld five out of eleven charges against him, which included allegations of corruption and inciting ethnic discord.
Rigathi Gachagua’s removal marks him as the first Deputy President ousted under Kenya’s 2010 Constitution. Despite being absent during the impeachment proceedings due to health issues, Gachagua vehemently denies all allegations against him, asserting they are baseless and claiming he did not receive a fair opportunity to defend himself.
Through his legal representatives, Gachagua filed a petition seeking to restrain both President William Ruto and the National Assembly from proceeding with Kindiki’s nomination.
His legal team argues that the impeachment process lacked credible evidence and violated his rights to fair administration.
Kindiki’s Nomination
In parallel with Gachagua’s legal battles, President Ruto had nominated Kithure Kindiki, currently serving as Interior Cabinet Secretary, to fill the Deputy President position.
President Ruto quickly communicated this nomination to the National Assembly, where MPs overwhelmingly voted in favor—236 votes for and none against—before the court intervened.
Kithure Kindiki’s political career has been marked by significant milestones; he previously served as a Senator for Tharaka Nithi County for ten years before his appointment as Interior CS.
His nomination had garnered widespread support from various political factions, particularly within the Mt Kenya region.
Implications of the Court’s Decision
The High Court’s ruling effectively freezes any further action regarding Kindiki’s appointment until at least October 24.
This development not only complicates the leadership transition but also raises broader questions about governance and accountability within Kenya’s political framework.
As both Gachagua and Kindiki navigate this tumultuous period, the outcome of this legal battle will have lasting implications for Kenya’s political stability and public trust in its institutions.
The nation now awaits further developments as both sides prepare for what promises to be a contentious hearing next week.
