NOT YET KINDIKI: High Court Saves Gachagua From Being Replaced
The High Court in Nairobi granted conservatory orders on Friday, halting the appointment of Kithure Kindiki as Kenya’s deputy president to succeed Rigathi Gachagua.
In his directive, Justice Chacha Mwita stated that the petition submitted by Gachagua’s legal team highlighted significant constitutional problems that go to the heart of a working constitution as well as its essential precepts of the rule of law and human rights.
Justice Chacha Mwita ordered the petitioner to serve the respondents with the application immediately, and the respondents were directed to file their applications within three days.
According to the High Court judge, the petition highlighted important legal and public-interest issues.
Lawyers for Deputy President Rigathi Gachagua have served the Chief Registrar of the Judiciary to prevent the CJ from swearing in Kithure Kindiki till the matter is heard by courts. pic.twitter.com/I20jdjyIH7
— Cyprian, Is Nyakundi (@C_NyaKundiH) October 18, 2024
As a result, it is appropriate to hear the case before an uneven number of justices designated by Chief Justice Martha Koome.
“The file be placed before the Hon. Chief Justice immediately for consideration in that regard and that the pleadings be served immediately and be responded to within 3 days after service,” read part of the court notice.
“That in the meantime, due to the issues raised in the petition and application, and the urgency demonstrated, a conservatory order is hereby issued staying implementation of the resolution by the Senate upholding the impeachment charges against the petitioner, the Deputy President of Kenya,” the notice read further.
Following the injunction, the High Court decided to set October 24 as the hearing date for the matter, which Justice Chacha Mwita designated as urgent.
“The matter will be mentioned before the bench to be appointed by the Chief Justice, for appropriate orders and action,” the court directed further.
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The court ruling came barely an hour after Members of Parliament unanimously approved Kuthure Kindiki’s nomination as the country’s next deputy president.
All 236 members of parliament who were present in the National Assembly on Friday afternoon voted in support of Kindiki’s nomination. No politician expressed reservations about his nomination, and no one abstained from voting.
“Present and voting, as we advised earlier, the vote is overwhelmingly ‘yes’ in favour of the Nomination,” Speaker Wetangula noted.
“Therefore, the nomination is hereby declared passed by the House. The Speaker will transmit the results to the President, who is the appointing authority, to proceed with the appointment.”
NOT YET KINDIKI: High Court Saves Gachagua From Being Replaced
