Court declines Wiper petition challenging Kindiki's nomination as DP

The Kitui High Court has declined to hear a petition by two County Assembly members of the Wiper party challenging the nomination of Prof. Kithure Kindiki as Deputy President. 

The petition was filed by Ikanga ward MCA Cyrus Musyoka and nominated MCA Priscillah Martha Mukami, both of whom hail from Kitui.

However, the Kitui High Court referred their plea to the three-judge bench led by Justice Eric Ogola, which is presiding over consolidated impeachment petitions at the Milimani Law Courts in Nairobi.

The bench will rule on Thursday afternoon whether to extend or vacate the conservatory orders initially issued by Justices Chacha Mwita of Milimani and Richard Mwongo of Kerugoya. The orders stayed the Senate's impeachment of Gachagua and prevented Kindiki from assuming the Deputy President's office.

"A process conducted by the legislative arm of the State, has been converted to a Government Project," Gachagua's lawyer, Kibe Mungai, said.  

On Thursday morning, the Court of Appeal is expected to issue directions regarding Gachagua’s appeal, which challenges the ruling by the three-judge bench that established Deputy Chief Justice Philomena Mwilu acted lawfully when she empanelled a bench to preside over the impeachment proceedings.

Speaking at the funeral of Geoffrey Murugami in Limuru, Kiambu County on Wednesday, impeached Deputy President Rigathi Gachagua expressed optimism that the Judiciary will deliver justice in his legal battle against his ouster by Parliament.

"I want everyone to be calm as we await the legal proceedings to be determined, I believe the Judiciary is impartial and will adhere to the principles of a fair hearing," he said.