The High Court has declined to lift interim orders preventing Prof. Kithure Kindiki from assuming the office of Deputy President, dealing a fresh blow to the government’s plans.
In a ruling issued on Saturday, a three-judge bench comprising Justices Eric Ogola, Freda Mugambi, and Anthony Mrima directed that applications filed by the Attorney General and the National Assembly be heard on October 22, 2024.
“In light of the urgency of the matter and the weighty issues raised, we direct that the application be served and responded to forthwith for hearing inter partes on October 22, 2024, at 11:00 a.m. in open court no. 18,” read part of the orders signed by Justice Mugambi.
Interior CS Hon Kithure Kindiki during a past media presser. Photo: The Star Source: Facebook
Attorney General Dorcas Oduor, in her application, argued that the Deputy President’s seat is now vacant following earlier orders issued by Justice Richard Mwongo in a petition filed by David Munyi and Peter Kamotho.
Oduor contended that the government was not given a chance to defend itself before the orders were granted.
“The Constitution of Kenya, 2010 does not envisage a vacuum in the Deputy President’s office. It is in the interest of justice that the interim orders be stayed or set aside.
Interior CS Kithure Kindiki during a past media presser. Photo: The Star Source: Facebook
A vacant office is prejudicial to the people of Kenya,” Solicitor General Shadrack Mose emphasized in the application.
Meanwhile, Justice Mwongo directed that the matter be placed before Chief Justice Martha Koome for the appointment of a special bench to hear it.
He further ordered that no appointee by President William Ruto should assume the office until the case is heard on October 24.
In related developments, Justice Chacha Mwita suspended the Senate’s resolution to oust Rigathi Gachagua, while Justice Bahati Mwamuye declined to issue further orders, stating that some legal matters had already been overtaken by events.
Following the rulings, Gachagua’s legal team maintains that he remains the lawful Deputy President.
