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Gachagua-Kindiki: Courts to settle Kenya’s DP dilemma

An unprecedented battle opposing Kenya’s President, Parliament and the impeached deputy president takes place in the corridors of the justice this week.
A litany of issues is on the table in what could turn out to be a constitutional quagmire.
After Senate voted the removal of Rigathi Gachagua last week, his legal counsel denounced an infamy and rushed to court.
The team notably argues that the allegations presented against the deputy-president elect to remove him from office were unfounded and were not supported by evidence.
The high court has issued a conservatory order stopping the move to replace Gachagua until October 24.
This came moments before the swear in ceremony of the aspiring new deputy, Kithure Kindiki.
Parliament which is dominated by the ruling alliance has petitioned the High court to lift orders barring Kindiki from assuming DP’s office, which it declined.
In an unexpected development, the bench of three judges set to rule on the fate of the impeached deputy president convened on Saturday (Oct. 19).
In a letter to the Deputy Registrar of the Judiciary, Gachagua’s lawyer called for an investigation into the procedure of empanelment of the bench.
He was in court Tuesday (Oct. 22) morning to attend the hearing of his impeachment case.
It is the first time in Kenya’s history that a DP has been impeached.
Debates surrounding the interpretation of the 2010 Constitution are rife.
Kindiki served as the interior minister throughout Ruto’s term. He has been blamed in part for the violent crackdwn on protestors during the historic June-July anti-tax protests. He survived the cabinet reshuffle which followed the dropping of certain portions of the controversial bill.

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