This decision raises questions about how Gachagua can continue to work with President William Ruto, given the reasons for his impeachment.
According to court documents, Gachagua was accused of undermining the President and opposing cabinet decisions.
In response to the court’s interim order, the Assembly is urging the Kerugoya High Court to lift this ruling.
Attorney-General Dorcas Oduor stated that the ruling leaves a vacancy in the Deputy President's office, a situation that the Constitution does not allow.
Solicitor General Shadrack Mose highlighted that “the constitution does not foresee a vacuum in this crucial office,” emphasizing the need for justice to be served by suspending these interim orders.
On October 17, 2024, Gachagua was impeached by the Senate after a two-thirds vote found him guilty of gross misconduct.
Despite this, he quickly sought legal protection and secured an order that prevents Professor Kithure Kindiki from taking over as Deputy President while over 30 legal challenges to his impeachment are pending.
This ruling by Justice Richard Mwongo has led to significant debate about its legality and consequences.
Lawyer Eric Gumbo, who represents Parliament, argues that the court's ruling violates natural justice principles by not considering all parties involved.
He also questioned the court's authority over impeachment matters, as Articles 95 and 96 of the Constitution give Parliament exclusive power in these cases.
National Assembly Clerk Samuel Njoroge further argued that conservatory orders should not obstruct a functioning executive or interfere with established constitutional policies.
He believes that public interest requires these orders to be lifted until a full hearing takes place.
Gumbo warned that the ongoing situation could escalate into a constitutional crisis, especially since the court order conflicts with the Senate’s impeachment decision and subsequent actions, including President Ruto’s submission of Kindiki’s name for approval.
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