In a landmark ruling today, a three-judge bench of the High Court of Kenya has cleared the path for Professor Kithure Kindiki to be sworn in as the new Deputy President, effectively sidelining the impeachment proceedings against his predecessor, Rigathi Gachagua.
Justices Freda Mugambi, Erick Ogolla, and Anthony Murima unanimously ruled that Gachagua’s legal team had failed to demonstrate that he would suffer irreparable harm should the court vacate orders currently barring Kindiki’s appointment.
In reaching their decision, the judges highlighted the constitutional nature of Gachagua’s impeachment, affirming that the judiciary holds the power to determine if the impeachment process was executed in accordance with the law.
“The impeachment of the Deputy President is a constitutional process, and the review of such a process falls squarely within the jurisdiction of this Court,” Justice Mugambi stated.
The judges also addressed the critical issue of whether Gachagua’s petitions against the impeachment were justiciable, ruling that they are indeed justiciable.
However, they emphasized that Gachagua had not established a prima facie case to justify the continuation of the orders that would prevent Kindiki from taking office. The court underscored the constitutional imperative that the office of Deputy President should not remain vacant beyond the legally stipulated timeframe for appointing a successor.
“The Constitution must remain operational at all times,” the judges remarked. “Public interest demands that the office of the Deputy President be filled without unnecessary delays.”
With the ruling, Gachagua—who has faced significant political turmoil following his impeachment—now finds himself in a precarious position.
