- The court highlighted the gravity of the petition brought forward by Gachagua against the State Law Office, Senate, and three other respondents
- An urgency was shown in addressing the issues, signifying potential far-reaching consequences of the case on the country’s governance
- The conservatory order effectively halts the Senate's decision to impeach Deputy President Gachagua until further directions are given,
The High Court of Kenya, in a significant constitutional matter, has issued an urgent order halting the implementation of the Senate's resolution to impeach Deputy President Rigathi Gachagua.
The court, sitting at the Milimani Law Courts, Nairobi, addressed the monumental constitutional questions raised by the petition brought forward by Gachagua against the State Law Office, Senate, and three other respondents.
Constitutional questions raised
Presided over by Justice Chacha Mwita, the court highlighted the gravity of the petition, which touches on critical aspects of Kenya’s constitutional framework, the rule of law, and human rights.
The court was particularly concerned about the implications of the petition, noting that it presented substantial questions of law and public interest that merit deeper scrutiny.
The matter has now been referred to the Chief Justice for the appointment of an uneven number of judges to preside over the case.
READ: What follows after MPs give nod for appointment of Kindiki as DP
The urgency with which the court addressed the issues signifies the potential far-reaching consequences of the case, which could have profound effects on the country’s governance.
Immediate conservatory orders issued
In response to the petition, the court has issued a conservatory order, effectively halting the Senate's decision to impeach Deputy President Gachagua until further directions are given.
Justice Mwita, in his ruling, stated: "Due to the issues raised in the petition and application, and the urgency demonstrated, a conservatory order is hereby issued staying implementation of the resolution by the Senate."
This means that any action towards Gachagua's removal from office, including the appointment of his replacement by the President, has been suspended until the 24th of October 2024, when the matter will be mentioned before a bench of judges to be appointed by the Chief Justice.
READ: Kithure Kindiki: Education, time with Ruto at ICC, net worth, wife, children
The Chief Justice will now be tasked with appointing a bench to deliberate on the matter, after which appropriate orders will be made.
Penal consequences
The court also issued a strict penal notice, warning that any disobedience or non-observance of the order would result in severe legal consequences.
"Any disobedience or non-observance of the order of the court served herewith will result in penal consequences to you and any other person(s) disobeying and not observing the same," read the Penal notice.
This content was created with the help of an AI model and verified by the writer.