The High Court has suspended the Senate’s impeachment of former Deputy President Rigathi Gachagua, following his legal challenge against the proceedings. Justice Chacha Mwita issued a conservatory order on Friday, emphasizing the case’s “serious constitutional issues” that necessitate a panel of judges to be convened by Chief Justice Martha Koome.

Gachagua’s legal team argued that the impeachment process, which has garnered significant public and political attention, raised monumental questions regarding constitutional law and human rights. In his ruling, Justice Mwita stated, “I am satisfied that the petition and application raise monumental constitutional issues touching not only at the heart of a functioning constitution but also its fundamental tenets of the rule of law and human rights.”

The court has ordered that any proceedings to fill the Deputy President position be halted until October 24, 2024, when the case will be reviewed by the newly formed bench. Justice Mwita mandated immediate service of the pleadings, with responses required within three days, warning that non-compliance could lead to “penal consequences.”

This ruling came on the heels of the National Assembly’s earlier decision, where 236 MPs endorsed Interior Cabinet Secretary Kithure Kindiki as Kenya’s next Deputy President under the 2010 Constitution. House Speaker Moses Wetangula officially declared Kindiki as Deputy President-elect, and his approval was promptly gazetted.

Kindiki’s ascent follows a notable fallout with former Deputy President Gachagua, who was hospitalized on Thursday due to severe chest pains that coincided with his impeachment trial. The Senate had upheld five of the eleven charges against him, leading to his removal from office.