Editor's Review

The conservatory orders issued to Gachagua had blocked the implementation of his impeachment.

The three-judge bench in Rigathi Gachagua's impeachment case has ruled to set aside conservatory orders issued to the impeached DP blocking the implementation of the impeachment.

In a ruling issued on Thursday, October 31, Justices Eric Ogola, Freda Mugambi and Anthony Mrima determined that allowing the conservatory orders would leave the office of the DP vacant.

As read by Justice Mrima, the court noted that upholding the conservatory orders would mean that Gachagua remains impeached while Kithure Kindiki is barred from assuming the office of the DP.

Therefore, following the setting aside of the conservatory orders, the court paved the way for the swearing-in of Kithure Kindiki to proceed.

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File image of bench hearing DP Rigathi Gachagua impeachment case.
"We are convinced and find that the current constitutional framework does not envision any scenario in which the office of the DP would remain vacant except during the brief period required to fill a vacancy," Justice Mrima read the ruling in part.

"Not even the Speaker of the National Assembly can perform the functions of the Deputy President as prescribed in the constitution."

What Next

Following the ruling, Gachagua's legal team made an application to have the three bench issue conservatory orders to block the swearing-in of Kindiki.

As argued by lawyer Ndegwa Njiru, Kindiki was not suitable to hold office given that he was not cleared by a properly constituted IEBC.

Currently, IEBC does not have commissioners.

Other Rulings Issued

In other rulings that were issued by the bench, President William Ruto was dealt a blow following his request for the impeachment to be heard by the Supreme Court.

In their determination, the bench ruled that the jurisdiction to hear impeachment cases against the President and Deputy President does not lie with the Supreme Court.

"It is undisputed that the impeachment of the deputy president is a constitutional process & the authority to determine whether the merits and procedure of such impeachment process falls squarely within the jurisdiction of the High court," Justice Freda Mugambi read the ruling.