The move by the High Court to stop the implementation of the Impeachment and replacement of Rigathi Gachagua as the Deputy President has caused division among lawyers and politicians.
Barely minutes after the conservatory orders were issued by Justice Chacha Mwita, a section of senior lawyers in the country opined that the orders had been overtaken by events.
According to Senior Counsel Ahmednasir Abdullahi, the orders were issued after the National Assembly had approved the nomination of Kithure Kindiki as the new DP.
"Appointment" is what was stopped by Justice Chacha (and the appointment was made before the court order) not "swearing-in". So tomorrow's swearing ceremony can go ahead. I have blessed it!" the lawyer wrote on his X account.
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His sentiments were echoed by Senior Counsel Tom Ojienda who also serves as the Senator for Kisumu.
"The order is overtaken by events coming after the proper nomination and appointment of Prof Kithure Kindiki," the Senator expressed.
Divergent Opinion
Meanwhile, some lawyers led by Nelson Havi opined that court orders were valid and had to be obeyed.
"The court order must be obeyed. It is not a suggestion. That is what every truthful advocate including those of us who support President William Ruto must tell him and the people of Kenya. Do not mislead anyone," Havi stated.
On his part, Lawyer Ndegwa Njiru, who is representing Gachagua in the impeachment, cautioned the Judiciary against overseeing the swearing-in of Kindiki.
As detailed in the Constitution, the swearing-in of the President and the DP ought to be done in the presence of the Chief Justice or the Deputy CJ.
"We hope the Chief Justice shall respect this order," Gachagua's lawyer remarked.
Court Order
As ordered by the court, the implementation of the impeachment and replacement of Gachagua cannot be done until his petition is mentioned on October 14.
"That in the meantime, due to the issues raised in the petition and application, and the urgency demonstrated, a conservatory order is hereby issued staying the implementation of the resolution by the Senate upholding the impeachment charges against the petitioner, the Deputy President of Kenya, including the appointment of his replacement, until 24th October 2024 when the matter will be mentioned before the bench to be appointed by the Chief Justice, for appropriate orders and action," Justice Chacha Mwita ordered.
