In a ruling delivered on Thursday, October 31, 2024, a three-judge bench lifted the conservatory orders issued by a magistrate court in Kerugoya, which temporarily suspended the swearing-in of Interior Minister Kithure Kindiki as Deputy President following his hasty nomination and approval by the National Assembly.
In its ruling, the bench argued that the office of Deputy President cannot be vacant.
"Allowing the conservatory orders to stand will leave the office of the Deputy President vacant… This court firmly holds that no court should issue orders that have the effect of suspending the operation of any provision of the Constitution, as such an outcome is clearly not envisioned by the document itself," the judges ruled.
The court directed that the consolidated cases challenging Gachagua's impeachment be mentioned on November 7, 2024, and noted that the ousted Deputy President is at liberty to file an appeal against the judgment.
Earlier, Gachagua had moved to the Court of Appeal seeking orders to stay proceedings at the High Court, but his request was declined.
In his appeal, Gachagua argued that he was dissatisfied with last week's ruling that the three-judge bench hearing his petition at the High Court was properly constituted.
Gachagua is the first Deputy President in Kenya's history to be removed from office through an impeachment process.
He was removed from office on October 17, 2024, after the Senate upheld the resolutions of the National Assembly to impeach him, despite his failure to testify at his impeachment trial after his lawyer stated that he had been taken to the hospital.
A majority of the Senators upheld his impeachment on five grounds, including inciting ethnic divisions and violating his oath of office. He was cleared of six charges, including corruption and money laundering.
The 59-year-old, who played a key role in President Ruto's election in 2022, recently accused the Kenyan Head of State of sponsoring his impeachment after disagreements over government policies, including additional taxes.
Gachagua's impeachment means he cannot hold public office again, and he also loses any retirement benefits.
Wycliffe Nyamasege
