High Court Suspends Rigathi Gachagua’s Impeachment

• The High Court has suspended the Senate resolution upholding Rigathi Gachagua’s impeachment.
• Justice Chacha Mwita cited the importance of the legal issues raised in Gachagua’s petition, leading to the stay order.
• The Chief Justice has been directed to appoint a bench to hear the case, recognizing its significance in law and public interest.

The High Court has suspended the Senate resolution that upheld the impeachment motion against former Deputy President Rigathi Gachagua. The decision came after a ruling delivered on Friday, October 18, by Justice Chacha Mwita, who noted that Gachagua’s petition raised significant questions of law and public interest.

The ruling comes in the wake of a Senate decision made on Thursday, October 17, to uphold Gachagua’s impeachment. However, Justice Mwita’s ruling temporarily halts the implementation of the impeachment charges, including the appointment of a replacement, until October 24, 2024, when the matter will be mentioned again before the court.

High Court Ruling

In his ruling, Justice Mwita issued a conservatory order staying the execution of the Senate’s decision. The order effectively freezes any further action regarding the impeachment, ensuring Gachagua’s position remains unresolved for now.

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“That due to the significance of issues raised in the petition and application, I certify this matter as raising substantial questions of law and public interest,” Justice Mwita stated. “It is therefore fit to be heard by a bench of uneven number of judges to be appointed by the Hon. The Chief Justice. The file be placed before the Hon. Chief Justice immediately for consideration in that regard.”

What Next?

Justice Mwita has tasked Chief Justice Martha Koome with appointing a bench to hear the petition. The court recognized the importance of the legal issues raised in Gachagua’s case and emphasized that a multi-judge bench would be necessary to provide a thorough review.

The matter is set to return to court on October 24, 2024, when further proceedings will determine the next steps in the case. Until then, the legal battle surrounding Rigathi Gachagua’s impeachment remains unresolved, with the country watching closely.

President William Ruto has already appointed Interior CS Kithure Kindiki as Gachagua’s replacement.