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A three-judge bench hearing the impeachment case against former Deputy President Rigathi Gachagua has granted leave for him to lodge an appeal.
In the much-awaited ruling delivered Thursday, Justice Eric Ogola lifted the conservatory orders that blocked the swearing-in of Kithure Kindiki.
He averred that the applicants are not going to suffer any prejudice should their prayer not be granted.
“We find that the applicants do not stand to suffer any prejudice in the event the conservatory orders are not issued,” said Ogola.
Ogola further acknowledged that the matter is of public interest, as he gave an undertaken of urgently determining it.
“We reiterate that this matter holds significant public interest, and we remain committed to the expeditious examination of the petition,” he ruled.
“Therefore, we will further provide directions within this ruling,” he added.
The matter is set to come up for mention on November 7 in the open court.
The certified copies of the ruling, he said, would be availed to the parties at a cost. Other judges in the bench are Justices Anthony Mrima and Freda Mugambi.
In his determining the matter, the bench restricted itself to three issues which are whether the court has jurisdiction over the consolidated petitions, whether the matters raised in the petitions are justice-able, and whether the conservatory orders can be lifted.
The bench at the same time discharged and set aside the conservatory orders issued at Kerugoya court.
Justice Mrima said they are convinced and find that the current constitutional framework does not envision any scenario in which the office of the DP would remain vacant except during the brief period required to fill a vacant.
On her part, Justice Mugambi reiterated that the jurisdiction to hear disputes arising from the impeachment of a president and deputy president does not lie with the Supreme Court but within the realm of original and exclusive jurisdiction.
Addressing the concern by the applicants that the respondents have a history of disobeying court orders should the conservatory order be lifted, Mrima was of the view that the court cannot operate on assumptions.
Lawyers representing Gachagua had argued that once the new deputy president takes office, it would be impossible to remove him even if the petition was to be successful.
According to Mrima, there are several mechanisms to address such acts of disobedience, adding that Attorney General gave an undertaking to fully comply with orders that would be issued in the matter.