By Faith Anene, Nairobi
The court has dealt has dealt a big blow to impeached Deputy President Rigathi Gachagua after lifting a conservatory order that had barred the swearing-in of his successor Prof Kithure Kindiki.
“This matter holds significance public interest and we remain committed to an expeditious determination of the petition” ~ Justice OGOLa
A three judge bench led by Justices Eric Ogola, Anthony Mrima and Dr Freda Mugambi in their judgment noted that by staying the conservatory order, it would occasion the continued vacancy in the Office of the Deputy President, suspend certain sections of the Constitution thus defeating public interest.
“This matter holds significance public interest and we remain committed to an expeditious determination of the petition. Consequently the following orders are hereby issued,” read Justice Ogola
He went on : “The applications for conservatory orders are hereby disallowed…The conservatory order issued on October 18, 2024 in Kerugoya High Court, are hereby discharged and all set aside. We will mention the matter on November 7, at 2.30PM,”
The conservatory order to block the swearing in of Prof Kindiki was by a Kerugoya Court soon after President William Ruto nominated the Interior CS to replace Gachagua.
Earlier, the court ruled on the question of justiciability maintaining that it had the jurisdiction to entertain the petition before them, noting that the High Court had a role in procedural review should the impeachment processes conferred to Parliament violate the law.
The three judge bench ruled: “It is our finding that the Kenyan constitution has delineated independent and distinct paths for the three arms of government. Accordingly, this court’s intervention in the matter before it is warranted,”
On the same matter, the Court of Appeal also dealt a huge blow to Gachagua after declining to grant temporary orders suspending proceedings before the Justice Ogola-led bench.
Justices Patrick Kiage, Aggrey Muchelule and George Odunga directed that the matter be heard on November 6, this year. “The matter is urgent and has huge public interest and the members of the bench, though engaged in other matters in the course of next week, will assemble at 12 noon on Wednesday for the highlighting of submission on the matter,”
