The High Court in Nairobi on Thursday has issued greenlight to Chief Justice Martha Koome to swear in the next Deputy President Kithure Kindiki.
The Court lifted the conservatory orders that had blocked the appointment and swearing-in of Kithure Kindiki as the deputy president replacing Rigathi Gachagua.
The three-judge bench consisting of Justices Eric Ogolla, Anthony Mrima, and Fridah Mugambi noted that lifting the conservatory orders would not have an impactful effect on the operations of the court.
CJ Martha Koome has now been allowed to proceed and swear in Kindiki as the new deputy.
” Allowing the conservatory orders to stand will leave the office of the deputy president vacant…This court firmly holds that no court should issue orders that have the effect of suspending the operation of any provision of the constitution as such an outcome is clearly not envisioned by the document itself,” Justice Murima ruled.
On President William Ruto’s petition, the three-judge bench consisting of Justices Eric Ogolla, Anthony Mrima and Fridah Mugambi ruled that the High Court had the jurisdiction to hear the case.
According to Justice Fridah Mugambi, the hearing of the petition challenging the impeachment of the deputy president was a constitutional process and thus the High Court, just like the Supreme Court, had equal powers to determine the case.
By Star