Professor Kithure Kindiki, recently nominated as Deputy President, will face further delays in assuming office due to ongoing legal battles.
The three-judge High Court bench of Justices Eric Ogola, Anthony Mrima, and Frida Mugambi postponed the case until October 29, 2024, to review the lifting of conservatory orders that have paused Kindiki’s swearing-in.
The current legal situation stems from Rigathi Gachagua’s impeachment as Deputy President, which was confirmed by a Senate vote.
President William Ruto then nominated Kindiki, who received parliamentary approval to assume the role.
However, a lawsuit by David Mathenge and Peter Kamotho, contesting the Senate’s decision, has added complexity to the transition.
The High Court in Kerugoya, led by Justice Richard Maruru, previously issued a conservatory order halting Kindiki’s swearing-in, highlighting the national significance of the case and the serious legal questions it raised.
The court has since been under pressure to address the case’s implications for the Deputy President’s office.
Justice Ogola, delivering the latest ruling, refrained from removing the conservatory orders but clarified that a decision would be made after the October 29 hearing. This postponement has prolonged the legal struggle between Gachagua’s supporters and those advocating for Kindiki’s appointment.
The controversy has also sparked public and political interest. Interior CS nominee Kindiki’s potential swearing-in was initially expected on October 22, with vocal support from leaders like Kapseret MP Oscar Sudi, who endorsed Kindiki as the best candidate for the role.
Sudi had remarked that Kindiki’s dedication to national service made him a fitting choice to take on the responsibilities of Deputy President. However, Sudi’s assertions of an imminent swearing-in were thwarted by the court’s interim orders.
This case, which involves critical constitutional matters and procedural concerns, will test the judiciary’s ability to balance legal integrity with political transition.
The judicial decision on October 29 is anticipated to offer clarity on whether Kindiki can step into the Deputy President’s role or if Gachagua’s impeachment will face further legal challenges.
By Kenyans