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    High Court Upholds Gachagua Impeachment, Clears Path for Kindiki as Deputy President

    The High Court has dismissed all petitions challenging the removal of former Deputy President Rigathi Gachagua, formally validating the October 2024 impeachment by Parliament.

    A three-judge bench ruled that both the National Assembly and the Senate followed constitutional procedures, and that President William Ruto acted lawfully in nominating Prof. Kithure Kindiki as his replacement.

    Justices Eric Ogola, Anthony Mrima and Freda Mugambi heard several consolidated petitions filed by Gachagua and his allies. They argued that the impeachment process violated the Constitution, lacked fair hearing, and failed on public participation.

    The bench rejected those claims. It held that the public participation exercises carried out by the National Assembly and later by the Senate met all constitutional standards. Lawmakers gave notice, collected views, and considered submissions before voting, the court said.

    On the claim of procedural unfairness, the judges ruled that Gachagua was given adequate opportunity to defend himself before both Houses.

    “The process satisfied the threshold set by the Constitution,” the court stated, dismissing arguments that the ouster was rushed or irregular.

    A second major question before the court was whether President Ruto needed to conduct fresh public participation before nominating Prof. Kithure Kindiki as Deputy President. Gachagua’s legal team argued that the replacement required the same public involvement as the original appointment.

    The judges disagreed. They affirmed that the President acted fully within the law when he nominated Kindiki after the Senate upheld the impeachment. Under the Constitution, the President nominates and the National Assembly approves a new Deputy President. No additional public participation is required for the nomination stage, the court ruled.

    Kindiki, who served as Interior Cabinet Secretary before his nomination, was sworn in after Parliament approved his name. The court’s decision removes any remaining legal doubt over his tenure.

    Gachagua’s impeachment in October 2024 followed weeks of public fallout with the Kenya Kwanza administration. The National Assembly voted to remove him over allegations of gross misconduct and violation of the Constitution. The Senate later upheld the charges, ending his term barely two years into office.

    The court ruling now puts a legal seal on that process. Gachagua, who had pursued the case through multiple courts, has exhausted the High Court stage. His options include an appeal to the Court of Appeal and ultimately the Supreme Court, but the bench’s strong endorsement of Parliament’s procedure makes further reversal difficult.

    The judgment closes a key legal chapter in one of Kenya’s most closely watched political cases, ending months of court battles over the ouster and replacement of the country’s second-in-command.

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