On Friday, the High Court in Kerugoya issued an order preventing Kithure Kindiki from assuming the position of Deputy President if appointed by President William Ruto.
Justice Richard Mururu emphasized that the case was of significant national interest, with the petition raising critical legal issues.
The court further stated that the concerns presented by the petitioners required the involvement of Chief Justice Martha Koome for resolution.
“That in light of the nature of the matters raised herein as noted in Order 3 herein, conservatory orders are hereby issued against the implementation of the resolution of the Senate in terms of prayer c of the notice of motion, preventing any person including the 2nd interested party appointed by the president and approved by the National Assembly from assuming the office of the deputy president,” the court notice read in part.
The orders were issued following a lawsuit filed by David Mathenge and Peter Kamotho, who contested the Senate’s decision to impeach Rigathi Gachagua from office.
In their petition, the two challenged the impeachment process, questioning the constitutionality and legality of the entire procedure. As a result, they requested the court to halt Kindiki’s planned swearing-in until the matter was fully addressed.
This ruling followed shortly after the High Court in Nairobi also issued conservatory orders preventing the appointment of Kithure Kindiki as the Deputy President.
Justice Chacha Mwita, in his orders, noted that the petition filed by Gachagua’s legal team raised crucial constitutional questions, impacting both the operational framework of the constitution and its fundamental principles of the rule of law.
The court further noted that the petition involved significant legal and public interest questions, making it appropriate to be heard by a panel of judges appointed by Chief Justice Martha Koome.
“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.
Kithure Kindiki’s nomination was approved by the National Assembly on Friday, just an hour after being selected by the President for the highly sought-after government position.
The approval was confirmed after 236 Members of Parliament voted in favor of the motion, with no opposition. However, the voting had to be conducted twice due to a technical issue during the first round.