Impeached Deputy President Rigathi Gachagua’s efforts to maintain his hold on office took a significant hit this week, as the High Court lifted orders preventing his successor, Prof. Kithure Kindiki, from assuming the role. In a decisive ruling, the three-judge bench, comprising Justices Eric Ogola, Anthony Mrima, and Dr. Fredah Mugambi, underscored the urgency of filling the Deputy President’s office to avoid a prolonged vacancy. This judgment has left Gachagua in a precarious position, even as he continues to challenge the legality of his impeachment in court.
Court’s Rationale and Emphasis on Public Interest
The decision hinged on the argument, presented by Senior Counsel Githu Muigai, that the Deputy President’s office was indeed vacant and that prior conservatory orders were no longer valid. Senior Counsel Prof. Tom Ojienda further emphasized that any delay in filling the vacancy would not only compromise public interest but also create an unnecessary leadership gap. “The orders fly in the face of public interest because there shouldn’t be an interregnum. The wider public interest is greater than one man,” Ojienda noted.
Justice Anthony Mrima, articulating the court’s stance, stated, “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.” This determination led the bench to discharge the conservatory orders previously issued by Justices Chacha Mwita and Richard Mwongo, clearing any remaining legal hurdles that had stalled Kindiki’s swearing-in.
Gachagua’s Legal Setbacks and Continued Appeal Efforts
This ruling marks the second significant setback for Gachagua, who had previously sought to have the judges recuse themselves, citing alleged bias. The bench, however, denied his request for recusal, adding to the difficulties he has faced in his bid to reverse his impeachment. In another move, Gachagua contested the authority of Deputy Chief Justice Philomena Mwilu in constituting the bench that ruled against him.
Gachagua has since appealed to the Court of Appeal to contest the High Court’s decision. Although he sought an injunction to halt Kindiki’s swearing-in, the appellate court declined to issue any immediate orders and instead scheduled an expedited hearing for next Wednesday to examine the core issues raised by Gachagua. “The matter is urgent and has huge public interest, and the members of the bench, though engaged in other matters in the course of next week, will assemble at 12 noon on Wednesday for the highlighting of submission on the matter,” announced Justice Patrick Kiage, the presiding judge.
What’s Next for Gachagua?
While the High Court granted Gachagua the option to appeal, this decision leaves him with diminishing avenues for recourse. As the judicial process continues, Justice Ogola emphasized that Gachagua’s appeal will be revisited on November 7 at 2 p.m. in open court, allowing for further examination of the case.
The High Court’s latest ruling moves Prof. Kindiki one step closer to stepping into his new role. With this anticipated transition, attention now turns to the Court of Appeal, where Gachagua’s arguments will undergo further scrutiny. The ruling not only impacts the political landscape but also highlights the judiciary’s role in maintaining constitutional continuity and public interest amidst political disputes.
