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Kenya: Court To Settle Deputy President’s Impeachment Dilemma

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Kenya: Court To Settle Deputy President’s Impeachment Dilemma

October 22, 2024
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By Enyichukwu Enemanna

The High Court in Kenya on Tuesday began hearing on an appeal filed by the impeached Deputy President, Rigathi Gachagua challenging his removal from office, following a vote at the floor of the Senate last week.

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Gachagua, who was physically present at Tuesday’s hearing, was impeached by the Senate on Thursday on five out of 11-count charges bordering on stirring ethnic divisions and undermining the judiciary.

The 59-year-old has denied all the allegations, and his legal team immediately filed an appeal challenging the impeachment where they claimed that the process was unfair and rushed.

At the Tuesday proceedings, President William Ruto challenged the jurisdiction of the court to hear the appeal, insisting that the Supreme Court should handle it.

A High Court in Nairobi had last week Friday issued an interim order stopping the swearing-in of Interior Minister Kithure Kindiki to replace Gachagua following his nomination by President Ruto.

“The petition and application raise monumental constitutional issues,” the High Court said in its ruling on Friday that blocked Kindiki from taking office.

Heritage Times HT reports that this is the first time in Kenya’s history that a Deputy President will be removed from office through an impeachment.

It highlights a frosty relationship between Gachagua and Ruto. Gachagua was said to have played a prominent role in the victory of Ruto in the 2022 election which brought them to power in September.

He however has accused Ruto of sidelining him in recent times. He was also alleged to have supported anti-government protests in June and July in which over 50 persons were killed.

A three-man panel of justices had been set up to decide whether the Deputy President will remain in office or not. During the hearing on Tuesday however, his legal team challenged the constitution of the three-judge bench.

They alleged that the panel had not been set up by Kenya’s Chief Justice Martha Koome, but by her deputy.

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