The High Court has suspended the senate resolution to uphold former Deputy President Rigathi Gachagua’s impeachment motion held on Thursday, October 17.
In a ruling delivered on Friday, Justice Chacha Mwita cited that Gachagua’s petition raised pertinent issues of law and public interest.
He issued a conservatory order staying the implementation of the impeachment charges, including the appointment of his replacement until October 24, 2024 when the matter will be mentioned before court.
The judge now directed Chief Justice to appoint a bench to hear the petition.
“That due to the significance of 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 uneven number of judges to be appointed by the Hon. The Chief Justice. The file be placed before the Hon. Chief Justice immediately for consideration in that regard,” the ruling read in part.
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MPs Approve Nomination of Kithure Kindiki as Next DP
The National Assembly on Friday approved President William Ruto’s decision to nominate Kithure Kindiki as the country’s next Deputy President following Rigathi Gachagua’s impeachment.
The decision was announced after 236 members of parliament voted in favour with none opposing. The lawmakers were forced to vote twice after a slight technical hitch during the first round of electronic voting.
“Honourable members, the vote of the nominate of Professor Kithure Kindiki to fill the vacancy of the office of the deputy president of the Republic of Kenya is as follows, abstentions are nil, no is nil and ayes are 236, the vote is overwhelming yes,” Speaker Wetangula declared.
“The nomination is hereby declared passed by the house and the speaker will transmit the results to the president and the speaker will also sign a gazette notice with this effect and the nominee for the position of the deputy president has been voted by the house and will be transmitted to the appointing authority,” the speaker added.
The move followed Speaker Moses Wetangula’s announcement, notifying the lawmakers of the Head of State’s decision to nominate the former Tharaka Nithi Senator as his deputy.
Prior to the voting process, a section of lawmakers requested Speaker Wetangula to clarify and provide guidance on the process of handling the nomination of Kindiki as the new DP.
Led by Navakholo MP Emmanuel Wangwe, the legislators sought to understand whether the National Assembly would be required to undertake a vetting and approval process as stipulated by the Public Appointments and Parliamentary Approval Act.
Wangwe emphasized that Article 124 of the Constitution requires any appointment to undergo parliamentary approval and be reviewed by a relevant committee whose recommendations would then be presented to the house for approval.
“Honourable Speaker, your communication has not provided guidance on how this process will be handled. Kindly guide us on the steps you intend to take,” Wangwe requested.
However, the lawmakers were informed that the National Assembly would not apply the same process that was used on October 8 during the impeachment of the former deputy president where the motion underwent public participation before approval.
While reiterating the matter, Speaker Wetangula referred to Article 149 of the Constitution, which stipulates that when a vacancy arises in the office of the deputy president, the president must nominate a candidate within fourteen days.
“From a reading of Article 149, it is clear that the National Assembly is required to vote on the nomination within 60 days. Notably, the Constitution’s drafters intentionally distinguished the language in this article, specifically requiring a vote, not an approval, on the nomination,” Speaker Wetangula explained.
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