Kenya High Court Suspends Deputy President's Impeachment

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Facts

  • Justice Chacha Mwita of the High Court in Nairobi issued conservatory orders on Friday to suspend the Senate's decision to impeach Rigathi Gachagua as Kenya's deputy president, pending a constitutional review.[1][2][3]
  • These orders, as well as others from Justice Richard Mururu of the High Court in Kerugoya, bar any replacement from assuming the office until Oct. 24, just as the National Assembly approved the nomination of Kithure Kindiki — 236 to 0 — with vocal allies of Gachagua absent.[3][4][5]
  • This comes as Gachagua challenged his removal from office on grounds that charges against him were false and that evidence was insufficient. Two other petitioners filed a suit questioning the legality of the procedure.[6][3]
  • Kenya's Senate upheld five out of 11 charges raised against Gachagua, including failure to fulfill his duties as deputy president and gross violation of several articles of the Constitution, and voted to impeach him on Thursday night.[7][8][9]
  • Pres. William Ruto named Kindiki, his interior minister for the past two years, to the National Assembly on Friday to fill the vacant role after the impeachment. He had been a front-runner for deputy president in the run-up to the 2022 presidential election, but eventually saw Gachagua clinching the position.[7][10]
  • The first-ever impeachment under the country's 2010 Constitution comes as some government leaders accused Gachagua and his allies of financially assisting anti-tax protests that began in June.[10][8]

Sources: [1]Bloomberg, [2]Capital News, [3]Kenyans.co.ke (a), [4]Nation, [5]Kenyans.co.ke (b), [6]The EastAfrican, [7]Associated Press, [8]New York Times, [9]The Eastleigh Voice News and [10]BBC News.

Narratives

  • Narrative A, as provided by The Conversation. Apart from being the first time this process has been used in Kenya, the impeachment of Gachagua is constitutional — and a popular move. Presidents have historically fired their deputies once their partners become more of a liability or threat than a supporter, so this series of events was to be expected.
  • Narrative B, as provided by Council on Foreign Relations. It's unlikely that removing a scapegoat such as Gachagua from office would lead to any major development for governance in Kenya — and all of the impeachment drama is distracting the country from real issues affecting Kenyans. Rather than wasting time and energy, authorities should focus on addressing more pressing concerns.

Predictions