NAIROBI, Kenya- In a dramatic turn of events, Kenya’s impeached Deputy President Rigathi Gachagua faced another setback as a bench of High Court judges lifted the conservatory order preventing Professor Kithure Kindiki from being sworn in as his successor.
Justices Eric Ogola, Anthony Mrima, and Dr. Freda Mugambi, delivering the ruling on Thursday, emphasized that maintaining the Deputy President’s office vacant would breach the Constitution and disrupt public interests.
The contentious conservatory order, initially issued by a Kerugoya court on October 18, had paused Kindiki’s swearing-in shortly after President William Ruto nominated the Interior Cabinet Secretary to replace Gachagua, who was impeached on October 17.
In lifting this order, the judges underscored that extending the vacancy was impractical and would effectively leave constitutional roles of the Deputy President unattended.
“The Constitution’s current framework does not envision a prolonged vacancy in this office,” they noted, adding that the Deputy President’s responsibilities, established post-2010, could not be temporarily reassigned to any other official, including the President or National Assembly Speaker.
With this decision, the court scheduled a follow-up hearing on November 7 to address Gachagua’s impeachment petition.
Meanwhile, the petitioners have been given the option to appeal, and the court has promised to expedite proceedings.
Further reinforcing its role, the Ogola-led bench ruled that the court had jurisdiction to review the impeachment process and assess whether procedural requirements were met by Parliament.
Emphasizing a clear separation of powers between the judiciary, executive, and legislature, the bench found that intervening in the matter was constitutionally warranted.
“Kenya’s Constitution delineates independent roles for the three arms of government,” the judges stated, confirming the court’s authority to address any violations related to impeachment procedures.
In a parallel setback for Gachagua, the Court of Appeal, presided over by Judge Patrick Kiage alongside Justices Aggrey Muchelule and George Odunga, declined to suspend the proceedings before the High Court.
Gachagua’s legal team, led by Senior Counsel Paul Muite, sought to halt the case temporarily but was denied after the court highlighted the urgency of resolving the matter in public interest.
The appeal court instructed Gachagua’s team to serve the case details to all respondents, including the Attorney General, National Assembly, and Senate, and set a hearing for November 6 to review submissions.
