The High Court of Kenya has issued a directive concerning court orders that barred the nominated Deputy President, Prof. Kithure Kindiki, from assuming office pending the hearing and determination of a case.
Lady Justice Freda Mugambi Githiru declined to lift orders stopping Kithure Kindiki from assuming DP’s office.
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However, she directed that the applications filed by Attorney General Dorcus Oduor and the National Assembly seeking to lift the orders be heard on Tuesday October 22 from 11:00am.
Lady Justice Freda Mugambi noted that due to the urgency and weighty issues raised in the case, a three-judge bench will hear the matter on the said date.
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“This matter comes up on 19th October 2024 for directions on the Notice of Motion dated 18th October 2024 before Honourable Justice Eric Ogola, Justice Anthony Mrima and Lady Justice Dr. Freda Mugambi,” read part of the court documents.
“Upon considering the pleadings and supporting affidavit it is hereby ordered that in light of the urgency of the matter and the weighty issues raised therein, we direct that the application be served and responded to forthwith, for hearing inter-parties on Tuesday 22nd October 2024 at 11.00 a.m. in open court no.18.”
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Also Read: Another Court Order Stops Kindiki from Assuming Office as Deputy President
Court Bars Kindiki from Assuming Office
Kerugoya Law Courts Justice Richard Mwongo on Friday October 18 ruled that matters raised in the petition filed by David Munyi Mathenge and Peter Gichobi Kamotho are of “great national importance and urgency.”
In its ruling, the court certified the matter as urgent and directed that the file be forwarded to Chief Justice Martha Koome, who is to appoint a bench of High Court judges to preside over the case.
“In light of the nature of the matters raised herein, conservatory orders are hereby issued against implementation of the resolution of the Senate, 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,” Justice Mwongo stated.
Justice Mwongo ordered that the matter be mentioned before the High Court bench on October 24, 2024.
Also Read: List of Journalists & Politicians Facing the Axe at Deputy President’s Office
Petition Filed
The case was filed on Friday by David Mathenge and Peter Kamotho, who argued that the Senate and National Assembly had violated the law, rendering the impeachment of the former Deputy President null and void.
They further claimed that Professor Kithure Kindiki’s nomination had been processed without adhering to legal requirements, such as public participation and clearance from the Independent Electoral and Boundaries Commission (IEBC).
The court also heard that since the IEBC is not fully constituted, its secretariat cannot clear candidates.
On the matter of public participation, the petitioners insisted that a new Deputy President cannot assume office without allowing citizens from all constituencies to express their views.
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