Kenya’s High Court has issued a temporary order stopping the replacement of deputy president Rigathi Gachagua.
The announcement came minutes after both parliament and the senate approved the appointment of Interior Minister Kithure Kindiki as the country’s new deputy.
The court, led by Chacha Mwita, temporarily halted the impeachment pending a hearing on the petition.
“Upon considering the pleadings, supporting affidavit, and attachments, I am satisfied that the petition and application raise monumental constitutional issues touching not only at the heart of a functioning constitution but also its fundamental tenets of the rule of law and human rights,” Mwita said.
“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 (Gachagua) until October 24, when the matter will be mentioned before the bench to be appointed by the chief justice for appropriate orders and action,” he added.
READ ALSO: Kenyan Senate impeaches Deputy President Gachagua
Kindiki is a close ally of President William Ruto. Gachagua was removed from office late on Thursday after senators voted to impeach him on 5 out of 11 charges, including gross violation of the constitution.
He had failed to appear before them on Thursday to defend himself, requesting a postponement after being admitted to hospital with chest pains, a request they had denied.
Lawyers for the ousted deputy president then filed a court application to stop his removal from office, arguing that the allegations presented against him were unfounded and were not supported by evidence.
The matter will be brought before a full bench on 24 October, which will determine the validity of the constitutional issues he has raised.
It will be appointed by Chief Justice Martha Koome.
Friday’s court order includes preventing Ruto from nominating a successor, pending the determination of Gachagua’s case.
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