High court throws Kenya deputy president replacement into disarray

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Kenya’s parliament on Friday unanimously voted to back President William Ruto’s pick to replace his impeached deputy Rigathi Gachagua, even as a High Court injunction threw the historic political process into disarray.

In a fast-moving political drama, Gachagua was sacked by the upper house on Thursday night on accusations of stirring ethnic hatred and undermining the judiciary, charges he denied and vowed to fight in court.

Interior Minister Kithure Kindiki was swiftly nominated to replace Gachagua in a shake-up that analysts suggested could help Ruto consolidate his grip on power that has been shaken by recent anti-government demonstrations, the biggest test of his two-year presidency so far.

But in a further twist to the political turmoil, a High Court in the capital suspended the appointment process within minutes of parliament voting overwhelmingly to approve Kindiki, a 52-year-old academic turned political heavyweight.

It followed a case filed by Gachagua’s legal team alleging his ouster had been unfair and rushed.

“The petition and application raise monumental constitutional issues,” the High Court order said, effectively blocking Kindiki from taking office until October 24 when a bench will hear the case.

Almost at the same time, Kindiki’s appointment was published in the official government gazette, a necessary step ahead of his swearing-in, leaving it unclear over what the next move from either side could be.

The high-stakes political drama has transfixed the East African country, generally regarded as a stable democracy in a turbulent region.

While Ruto has not given any public comment on the impeachment, Gachagua has said the process could not have gone ahead without his boss’s blessing.

– Violating the constitution –

The Senate pushed ahead with Gachagua’s impeachment on Thursday — finding him guilty of five out of the 11 charges against him — despite the absence of the embattled 59-year-old due to ill health.

He failed to testify in his defence after being rushed to hospital in a Nairobi suburb with severe chest pains. The facility’s chief cardiologist Dan Gikonyo later told reporters he was stable but would remain under observation for 72 hours.

Still, his absence plunged the session into disarray, with the Senate rejecting an appeal by his legal team to delay the hearings, prompting the lawyers to walk out in protest.

Gachagua is the first deputy president to be impeached since the process was introduced in Kenya’s revised 2010 constitution.

The National Assembly, the lower house of parliament, had overwhelmingly also voted for impeachment in an October 8 vote.

Gachagua’s downfall is the culmination of a bitter falling out with Ruto, whom he helped win a closely fought election in 2022 by rallying support from the crucial Mount Kenya region.

Kindiki — who has served as interior minister in Ruto’s government for more than two years — also hails from the vote-rich region.

Gachagua was found guilty on charges of “gross violation” of the constitution, including threatening judges and practising ethnically divisive politics, but cleared of others including corruption and money-laundering.

He has denied all the charges and no criminal proceedings have been launched against him.

A powerful businessman from Kenya’s biggest tribe, the Kikuyu, Gachagua has weathered previous corruption scandals.

But in recent weeks, he has complained of being sidelined by the president, while also being accused of supporting youth-led anti-government protests that broke out in June.

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