High Court in Kerugoya halts Kithure Kindiki's appointment as DP
National
By
David Njaaga
| Oct 18, 2024
High Court in Kerugoya has barred Kithure Kindiki from assuming the office of Deputy President following a case filed by David Mathenge and Peter Kamotho.
Justice Richard Mwongo ruled that Kindiki should not take office.
“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 second interested party (Kindiki) appointed by the President and approved by the National Assembly from assuming the office of the Deputy President,” ruled Mwongo.
The order comes after the High Court in Nairobi issued orders just as the National Assembly was passing Kindiki’s appointment.
Justice Chacha Mwita suspended the Senate’s gazette notice that indicated an end to Rigathi Gachagua's term as Deputy President and blocked Kindiki’s appointment.
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Mwita noted the case raised novel issues and sent the file to Chief Justice Martha Koome to empanel a bench of more than three judges.
Despite the orders, National Assembly Speaker Moses Wetang’ula gazetted Kindiki’s appointment, paving the way for the Interior Cabinet Secretary to take over the Deputy President's office.
Meanwhile, Senate Speaker Amason Kingi announced the impeachment of Gachagua, citing gross violations of the Constitution, including misuse of office and unlawful wealth acquisition.
“According to Articles 145 and 150 of the Constitution, the Senate has resolved to remove from office Rigathi Gachagua EGH by impeachment,” said Kingi during the Senate session.
Gachagua's legal team, led by Senior Counsel Paul Muite, requested an adjournment of the impeachment proceedings to October 22, citing the Deputy President's health condition.
Muite said Gachagua was admitted to Karen Hospital in Nairobi.
“The Deputy President has been taken sick and is currently in the hospital. We request a short adjournment to assess his condition and consult with doctors,” Muite explained.
However, the Senate plenary opted to continue with the impeachment process despite the request.