NAIROBI, Kenya – Interior Cabinet Secretary Kithure Kindiki has received a shot in the arm after the High Court in Nairobi gave the greenlight for his swearing-in as deputy president.
Following a petition submitted by David Munyi Mathenge and Peter Gichobi Kamotho, the Kerugoya High Court granted the orders on October 18, 2024, stating that the case was of “great national importance and urgency.”
How the High Court ruled on Kithure Kindiki’s swearing-in
But Kindiki’s swearing-in was made possible by a ruling given Thursday by a three-judge panel in Nairobi that included Justices Antony Mrima, Eric Ogola, and Freda Mugambi.
While ruling on the matter, Justice Ogola announced that the applications for conservatory orders are disallowed.
“The conservatory orders issued on October 18, 2024 in Kerugoya High Court are hereby discharged and or set aside. Costs of this application shall be in course,” said Justice Ogola before the fully-packed courtroom.
The judges also granted leave for appeal while directing that the typed proceedings and certified copies of the ruling be made available to parties at costs or as the case may be.
“We shall mention this matter on November 7, 2024 at 2pm in an open court. This ruling,” Justice Ogola further said.
What Rigathi Gachagua’s lawyers told the High Court judges
However, Ndegwa Njiru, the lawyer representing Gachagua, who is involved in an impeachment case took issue with the judges arguing that there is no a properly constituted electoral body to facilitate Kindiki’s swearing-in.
“The court also needs to appreciate the import of Rule 24 due to the vulnerability of the rights and the vulnerability of the. Nobody can deny that there is no IEBC. This application is premised on Article 3,” Ndegwa said.
Ndegwa claimed that it would be wrong for Kithure Kindiki is to be sworn in since he has not been verified and approved by the organ that is to do so, which is IEBC.
“Can this court fold its hands and watch and midwife and beset a violation of the constitution. What is the court’s role regarding the issue of Article 3 of the Constitution,’ Ndegwa added.
He begged the court to grant the conservatory order staying the swearing in of Kithure Kindiki on the basis that “he is not qualified to hold that office”.
“Secondly that his purported qualification has not been verified by the body that is supposed to do so,” Ndegwa argued.
