Planned Swearing In Of Kindiki As Deputy President Cancelled

Plans to swear in Prof Kithure Kindiki as the Deputy President of Kenya on Saturday October 19 were cancelled at last minutes.

This followed two court orders that stopped the same and failure by the government to lift them.

The event was to take place at the Uhuru Gardens along Langata Road in Nairobi.

The military was to host the event and the Chief Justice or her Deputy were expected to preside over the event.

No activities were going on at the site by 9 am. A tent that had been erected was abandoned half way.

As part of the plans, the Kenya Civil Aviation Authority had issued a A NOTAM report which indicates the airspace in the area and in specific nearby Wilson Airport will be closed from 6 am to 11 am on Saturday October 19. Notam is notice containing information essential to personnel concerned with flight operations but not known far enough in advance to be publicized by other means.

It states the abnormal status of a component of the National Airspace System.

Presidential adviser Moses Kuria had said invitations had been sent to limited number of people.

“The swearing in will take place tomorrow (Saturday October 19) at Uhuru Gardens from 9am. No cards required. Gates will be closed once the swearing in arena is full. We can not afford a Constitutional crisis.”

We cannot be another Sudan with two Presidents. For the sake of our nation and our families we will swear in Kithure Kindiki as President in Waiting. Courts can deposit their ruling in the pigeon holes. Karibuni Uhuru Gardens 9am,” he said in a post.

He had earlier visited the site as workers worked to prepare it for the event.

But the event was postponed to a later date, officials said.

The High Court in Kerugoya had issued orders barring Kindiki from assuming the Deputy President’s office pending the hearing and determination of a case.

Kerugoya Law Courts Justice Richard Mwongo ruled that matters raised in the petition filed by David Munyi Mathenge and Peter Gichobi Kamotho are of “great national importance and urgency.”

Another judge in Nairobi declined to issue orders on the issue saying it had been overtaken by events.

Justice Bahati Mwamuye certified the suit as urgent.

“That preliminary assessment has satisfied me that Prayers 2 – 7 of the Notice of Motion Application dated 17/10/2024, in the manner in which they have been framed, may have been overtaken by events by the date and time that the Application was filed and placed before this Court.”

“Accordingly, it may be the case that those prayers are incapable of being granted ex parte. That notwithstanding, that preliminary assessment has satisfied me that the Petition, and by connection the Application, raise substantial questions of law and so significantly affect the public interest as to warrant certification by this Judge in terms of Article 165(4) of the Constitution,” said justice Mwamuye.

In his ruling, Mwongo certified the matter as urgent, further directing that the file be forwarded to Chief Justice Martha Koome to appoint a bench of High Court judges to handle the case.

The judge further directed the Applicants to serve the Respondents with the application by close of business on Friday, after which the Respondents should then file and serve their responses within three days.

“The matters raised in the Petition being of great national importance and urgency; and in the court’s considered view having raised extremely substantial issues of law, the matter is certified for a bench of High Court Judges to be appointed by the Chief Justice,” ruled Justice Mwongo.

“In light of the nature of the matters raised herein, conservatory orders are hereby issued against implementation of the resolution of the Senate, 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.”

Justice Mwongo ordered that the matter be mentioned before the High Court bench on October 24, 2024.

The order came even as National Assembly Speaker Moses Wetangula already gazetted Prof. Kindiki to take up the Deputy President position after the House approved his nomination.

This was also despite an earlier order by the High Court that suspended the Senate’s resolution to uphold former Deputy President Rigathi Gachagua’s impeachment motion held on Thursday, October 17.

Justice Chacha Mwita ruled that Gachagua’s petition raised pertinent issues of law and public interest.

He issued a conservatory order staying the implementation of the impeachment charges, including the appointment of his replacement until October 24, 2024, when the matter will be mentioned before the court.