By Micah Sali
The High Court has rejected an application for conservatory orders made by impeached Deputy President Rigathi Gachagua, who sought to prevent Interior Cabinet Secretary Prof. Abraham Kithure Kindiki from assuming the Deputy President’s office.
This ruling allows Interior CS Kindiki, who was nominated by President Ruto for the position, to be sworn in as Kenya’s third Deputy President, ensuring there is no vacancy in the country’s second-highest office.
In today’s landmark ruling, a three-judge bench comprising Judges Ogola, Mrimi, and Mumbi stated that extending conservatory orders would violate the Constitution, which does not permit a vacancy in the Deputy President’s office.
Prof. Kindiki’s swearing-in could take place anytime after President Ruto returns from official duties in Burundi.
This decision follows Gachagua’s impeachment by both the National Assembly and the Senate, which led President Ruto to nominate Prof. Kindiki, the current Interior CS, as his replacement.
Two weeks ago, following Kindiki’s nomination, the National Assembly swiftly approved and gazetted his appointment.
However, Gachagua then moved to the High Court, obtaining an order to halt Kindiki’s replacement, claiming procedural flaws in the process.
Gachagua also challenged Justice Philomena Mwilu’s decision to establish a three-judge bench for the case.
However, the judges ruled that they have jurisdiction to oversee the matter and address all issues raised by the petitioners.
The judges underscored that impeachment is a non-justiciable issue, with Judge Ogola affirming, “The Senate has the sole power on impeachment.”
The bench further emphasized that the Judiciary, in its oversight role, should not interfere with legislative processes.
Justice Murimi noted that the Deputy President’s role is constitutionally mandated and cannot revert to the President, arguing that a vacant office would create a governance vacuum.
Additionally, Justice Murimi stated that maintaining the conservatory orders would prevent the Deputy President nominee from assuming office, which the Constitution does not permit.
He said that suspending constitutional provisions would undermine the Judiciary’s role as a constitutional protector.
The impeached Deputy President has 14 days to appeal the decision.
While today’s ruling marks a significant development, Gachagua’s appeal is pending, with the Court of Appeal scheduled to hear it next week.
The outcome of that appeal may ultimately determine the future of Kenya’s leadership transition.
Some speculate that today’s High Court ruling might render Gachagua’s case “functus officio,” or resolved, but his lawyers have already moved forward with the appeal for further review.
Ends.
Micah Sali is the Editor, I.P. Publications.
