High Court in Kerugoya has issued a ruling preventing Interior Cabinet Secretary Kithure Kindiki from assuming the office of Deputy President.
The Court’s decision comes in response to a case filed by David Mathenge and Peter Kamotho.
Justice Mwongo Richard Mururu directed Chief Justice Martha Koome to appoint a bench judge and the matter be mentioned before the High Court bench on 24th October 2024.
“That in light of the nature of the matters raised herein as noted in Order 3 herein, conservatory orders are hereby issued against implementation of the resolution of the Senate in terms of Prayer of the Notice of Motion, preventing any person including the 2nd interested party appointed by the President and approved by the National Assembly from assuming the office of the Deputy President,” read part of the ruling.
Earlier, Milimani High Court had issued an order stopping implementation of the decision of the National Assembly to appoint Kithure Kindiki as the new second in command to replace ousted DP Rigathi Gachagua.
Court Stops the Appointment of Kindiki as DP
High Court Judge Chacha Mwita stated that the pleadings would be served immediately and be responded to within 3 days after service.
“This matter coming up for directions on the Notice of Motion and petition both dated 18th October 2024. Before Honorable Justice Chacha Mwita and upon considering the pleadings, supporting affidavits and attachments, 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. It is hereby ordered as a matter of urgency that the pleadings be served immediately and be responded to within 3 days after service,” read the ruling in part.
“That in the meantime, due to the issues raised in the petition and application, and the urgency demonstrated, a conservatory order is hereby issued staying implementation of the resolution by the Senate upholding the impeachment charges against the petitioner, the Deputy President of Kenya, including appointment of his replacement, until 24th October 2024 when the matter will be mentioned before the bench to be appointed by the Chief Justice, for appropriate orders and action.”
Also Read: MPs Take Stand on Kindiki’s Nomination as DP
Judge Mwita mentioned that he was 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.
He ruled that no decision should be taken until October 24, 2024, when the matter will be mentioned before the bench to be appointed by the Chief Justice, for appropriate orders and action.
“That due the significance of issues raised in the petition and application, I certify this matter as raising substantial questions of law and public interest and therefore fit to be heard by a bench of uneven number of judges to be appointed by the Chief Justice. The file be placed before the Hon. Chief Justice immediately for consideration in that regard.”
Mwita noted that any disobedience or non-observance of the order of the court served herewith will result in penal consequences to you and any other person(s) disobeying and not observing the same.
Also Read: Gachagua Swings into Action After Midnight Impeachment
MPs Approve Nomination of Kindiki as DP
The National Assembly Speaker Moses Wetang’ula on Friday, October 18, informed the House that he had received President Ruto’s nomination of the next DP.
Following the announcement, Members of the National Assembly voted through a roll call method.
The lawmakers were to initially vote electronically as per the House Business Committee’s directive, but the electronic voting system malfunctioned.
A total number of 236 MPs have voted in favor of Kindiki’s nomination, with zero abstentions.
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