Kenya has been plunged into political turmoil for the first time following the impeachment of Vice President Ligati Gachagua.
Senators last Thursday upheld his removal from office on October 17, 2024.
However, the situation worsened after the newly elected president, Kisre Kindiki, was barred from assuming office by a court.
Kindiki was scheduled to take office on Saturday, October 19, 2024.
Congress approved his nomination in a special session Friday, paving the way for him to be sworn in.
Two petitioners, Mr David Munyi Matenge and Mr Peter Gichobi Kamoto, went to court seeking suspension of the oath.
The lawsuit filed in the Kergoya High Court accuses the Senate, the Senate President and two others.
They sought the order a day after the Senate voted to impeach Gachagua and after Congress confirmed Kindiki’s nomination as the new vice president.
It will now be addressed in a bipartisan hearing on Tuesday.
“Given the urgency of the matter and the serious issues raised, weThat the application be immediately served and answered for hearing between the parties on Tuesday, October 22, 2024,” reads the order issued by Gisile Frieda Mugambi.
Kenyans are now grappling with uncertainty and concerns as both parties weigh in ahead of the hearing.
Questions are arising about political governance and the future direction of the country.
Is there a vice president?
no. This shows that the country is facing a constitutional crisis as the president is currently carrying out his duties without his expected key aides.
The Democratic Party’s role is critical to the functioning of government, often filling the void left by the president.
It should be noted that a total of 26 lawsuits were filed in various courts to stop Congress from proceeding with impeachment proceedings.
However, the court blocked it.
What does the law say?
If the vice president is impeached, he will no longer hold office, according to attorney Adrian Kamoto.
“Right now, we don’t have a vice president. What we have is a vice president-elect…a Democrat just a few steps away from that post,” he said.
He added: “No one should mislead people about the court order. We stopped the implementation of the resolution to stop the resolution.”
Kamoto maintains that the process had already progressed to the point where a new vice president was appointed.
“By the time the order was issued on Friday, the situation had changed, a vacancy had been announced, and a new person had been nominated and approved,” he said.
The matter will be heard in open court by three judges, Justice Eric Ogola, Justice Anthony Murima and Justice Freda Mugambi.
Vacancies in the office of DP
Once impeached, the Constitution outlines the process for filling the vacancy.
This is provided for in Article 149.
It provides that the President shall appoint a person to fill the vacancy within 14 days after the vacancy occurs.
Congress shall vote within 60 days of receiving the nomination.
If a person has more than two and a half years left on his or her term before the next term, he or she will be deemed to have served his or her entire term. regularly scheduled elections.