In a hurry? Here’s a quick summary…
- The High Court in Kerugoya has barred Prof. Kithure Kindiki from assuming the Deputy President’s office until a case challenging his appointment is heard on October 24, 2024.
- The court cited the urgency and national importance of the case and issued conservatory orders against implementing the Senate’s resolution approving Kindiki’s appointment.
The High Court in Kerugoya has issued an order preventing Prof. Kithure Kindiki from assuming the role of Deputy President.
This order will remain in place until a case challenging his appointment is heard and determined.
Justice Richard Mwongo of the Kerugoya Law Courts emphasized the national significance and urgency of the petition filed by David Munyi Mathenge and Peter Gichobi Kamotho.
In his ruling, Justice Mwongo certified the case as urgent and directed that the file be forwarded to Chief Justice Martha Koome for the appointment of a bench of High Court judges to handle the matter.
He also instructed the applicants to serve the respondents with the application by the end of business on Friday. The respondents are expected to file their responses within three days of being served.
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Justice Mwongo noted that the petition raised substantial legal issues of great national importance, necessitating the formation of a High Court bench to deliberate on the case. Consequently, he issued conservatory orders preventing the implementation of the Senate’s resolution that approved Kindiki’s appointment.
This includes barring anyone, including the second interested party appointed by the President and approved by the National Assembly, from assuming the Deputy President’s office.
The case is set to be mentioned before the High Court bench on October 24, 2024.
Despite this ruling, National Assembly Speaker Moses Wetangula had already gazetted Prof. Kindiki’s appointment following the House’s approval of his nomination.
This action came in the wake of a prior High Court order suspending the Senate’s resolution that supported former Deputy President Rigathi Gachagua’s impeachment.
Justice Chacha Mwita had ruled that Gachagua’s petition raised critical legal and public interest issues, and issued a conservatory order halting the appointment of his replacement. The matter will also be mentioned in court on October 24, 2024.