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.
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