The High Court in Nairobi on Thursday set aside previous orders blocking the swearing-in of Kithure Kindiki as Kenya’s new Deputy President following the impeachment of Rigathi Gachagua.
The orders had been issued by the Kerugoya High Court on October 18, after a petition from citizens David Munyi Mathenge and Peter Gichobi Kamotho argued the case was of “great national importance and urgency.”
In a Thursday ruling, a three-judge bench consisting of Justices Antony Mrima, Eric Ogola, and Freda Mugambi dismissed the prior conservatory orders, clearing the way for Kindiki to assume office.
“The conservatory orders issued on October 18, 2024, in Kerugoya High Court are hereby discharged and/or set aside. We grant leave for appeal. Typed proceedings and certified copies of this ruling to be availed to parties at cost,” justice Eric Ogola said.
Mrima added that it was in the public's interest to ensure that the position of the deputy president was not left unfilled.
The court scheduled a follow-up mention for November 7 to allow for further developments.
Gachagua’s legal path has been fraught with setbacks, including a recent rejection from the Court of Appeal, which denied his request to prevent the High Court from proceeding with his ouster case. Following his impeachment, Gachagua had moved to challenge the three-judge bench empaneled by Deputy Chief Justice Philomena Mwilu to oversee his case, expressing dissatisfaction with the judicial proceedings.
On October 8, Kenya's lower house of parliament decisively voted to impeach Gachagua, with 281 of the 349 lawmakers supporting the move, exceeding the necessary two-thirds majority. The national assembly accused Gachagua of 11 offenses, such as corruption, subverting the government, and promoting ethnic hatred.