High Court bars Kithure Kindiki from assuming Deputy President’s office

The High Court in Kerugoya has now issued orders barring Prof. Kithure Kindiki from assuming the Deputy President’s office pending the hearing and determination of a case.

Kerugoya Law Courts Justice Richard Mwongo 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, further directing that the file be forwarded to Chief Justice Martha Koome to appoint a bench of High Court judges to handle the case.

The judge further directed the Applicants to serve the Respondents with the application by close of business on Friday, after which the Respondents should then file and serve their responses within three days.

“The matters raised in the Petition being of great national importance and urgency; and in the court’s considered view having raised extremely substantial issues of law, the matter is certified for a bench of High Court Judges to be appointed by the Chief Justice,” ruled Justice Mwongo.

"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 ordered that the matter be mentioned before the High Court bench on October 24, 2024.

The order comes even as National Assembly Speaker Moses Wetangula already gazetted Prof. Kindiki to take up the Deputy President position after the House approved his nomination.

This was also despite an earlier order by the High Court that suspended the Senate’s resolution to uphold former Deputy President Rigathi Gachagua's impeachment motion held on Thursday, October 17.

Justice Chacha Mwita ruled that Gachagua's petition raised pertinent issues of law and public interest.

He issued a conservatory order staying the implementation of the impeachment charges, including the appointment of his replacement until October 24, 2024, when the matter will be mentioned before the court.