This follows a petition filed by Gachagua's legal team on Friday morning, challenging the entire process that led to his impeachment by the Senate late Thursday night.
In a ruling delivered on Friday afternoon, Justice Chacha Mwita stated that Gachagua's petition raises monumental constitutional issues concerning the rule of law and human rights.
The judge issued a conservatory order staying the implementation of the impeachment charges, including the appointment of Gachagua's replacement, until October 24, 2024, when the matter will be mentioned in court.
"Given the significance of the issues raised in the petition and application, I certify this matter as raising substantial questions of law and public interest, and therefore fit to be heard by a bench of an uneven number of judges, to be appointed by the Hon. Chief Justice. The file shall be placed before the Hon. Chief Justice immediately for consideration," reads part of Justice Mwita's ruling.
In his petition, Gachagua dismissed the charges and evidence presented before the Senate for his removal as baseless, asking the court to quash the impeachment.
"Unfounded and false allegations have been made against me in the impeachment motion before both houses. It is in the interest of justice that such false information be corrected in line with the provisions of Article 35 of the Constitution," said Gachagua.
Gachagua argued that the Senate was required by law to act as an impartial arbitrator when determining whether the charges recently approved by the National Assembly had been substantiated.
The court's decision comes just hours after President William Ruto nominated Interior Minister Kithure Kindiki to replace the impeached deputy. The National Assembly has since approved the nominee for appointment and subsequent swearing-in.
With this ruling, it is expected that President Ruto will halt the official appointment and swearing-in of Kindiki pending the court's determination.
Gachagua, who is widely reported to have fallen out with President Ruto in recent months, was impeached after Senators upheld five of the 11 charges brought against him.
Fifty-four senators voted to impeach Gachagua on the first count of gross violation of the Constitution, while 13 voted against his removal. The charges under this ground included accusations of dividing Kenyans along ethnic lines. The National Assembly cited several instances where Gachagua compared the government to a company, suggesting that certain regions held more "shares" than others.
In addition to engaging in divisive politics, Gachagua faced other accusations, including economic crimes, money laundering, insubordination, undermining the government and devolution, as well as bullying and intimidating state officers. However, the charges of economic crimes, money laundering, and bullying failed to gain sufficient support.
The Senate proceeded with the impeachment trial despite Gachagua's lawyers arguing that the Deputy President could not appear in the House as he had been hospitalized.
Wycliffe Nyamasege
Source : https://en.igihe.com/news/article/kenyan-court-suspends-gachagua-s-impeachment-as-deputy-president
