The High Court on Thursday, November 7, set another hearing date for the petitions challenging the removal of Rigathi Gachagua as deputy president through impeachment.
The three-judge bench comprising Justices Eric Ogola, Frida Mugambi, and Anthony Mrima pushed the hearing date to January 23, 2025, in what looks to effectively seal the lid on the Gachagua impeachment fiasco.
“The matter of the hearing of petitions filed challenging the impeachment of former Deputy President Rigathi Gachagua is fixed for further direction on Thursday, January 23, 2025,” noted Justice Ogola.
This new development comes a day after Gachagua, through his lawyers led by Senior Counsel Paul Muite, withdrew a petition they had filed at the Court of Appeal. The petition had challenged the hearing of his impeachment by the three-judge bench at the High Court.
Rigathi Gachagua, with Deputy President Kithure Kindiki at a past meeting.
Photo
DPPS
He argued that the withdrawal request was because the case had been overtaken by the order of events, following the swearing-in of Deputy President Kithure Kindiki.
“The impugned bench proceeded to vacate the conservatory orders in a ruling which allowed one Prof Kithure Kindiki to be sworn in as Deputy President. Our stay application is thus overtaken by events, very regrettably,” Muite told the judges.
Gachagua had filed an appeal at the court seeking the orders of the bench to declare the constitution of the 3-judge bench consisting of Ogola, Mrima, and Mugambi unconstitutional arguing that it was constituted by Deputy Chief Justice Philomena Mwilu and not Chief Justice Martha Koome as ought to be.
The High Cour, however, effectively sealed Gachagua’s political career after lifting the conservatory orders that had stopped the appointment and swearing in of Kithure Kindiki clearing the way for the former Interior CS to be sworn in.
The three judges noted that upholding the conservatory orders would immensely hamper the operations of the government as mandated by the Constitution.
According to Justice Mrima, the public interest and constitutional provision demanded that the office of the deputy president should not remain vacant.
“We are convinced and find that the current constitutional framework does not envision any scenario in which the office of the DP would remain vacant except during the brief period required to fill a vacancy,” noted Mrima.
After Kindiki’s swearing-in, Gachagua struck a conciliatory tone urging Kenyans to maintain peace and give the government time to deliver on their mandate. The former DP retreated to his Mathira countryside as he plotted his next steps.
President William Ruto and Deputy President Kithure Kindiki at KICC during Kindiki’s swearing-in, 1 November 2024.
PCS
