DP Kindiki Faces Fresh Legal Challenge to Oust Him from Office
An activist filed a court petition on Thursday to challenge the appointment of Kithure Kindiki as Kenya’s Deputy President.
Joseph Enoch Aura submitted a comprehensive 215-page petition to the Milimani High Court, arguing that Kindiki’s appointment to the Deputy President’s office was unconstitutional.
Represented by lawyer Harrison Kinyanjui, who confirmed the petition’s filing to Gossipa2z.com, the activist disputes the legality of Kindiki’s appointment on several grounds. The primary contention is that Kindiki still holds the role of Interior Cabinet Secretary, as no official gazette notice has been issued declaring he left the position.
Harrison argues that Kindiki’s appointment violates Article 137(2)(b) of the Kenyan Constitution, which outlines qualifications and disqualifications for the roles of president and deputy president.
“Under Article 137, no individual can serve as deputy president while holding a public office. Since Kindiki is still recognized as Interior Cabinet Secretary without an official gazette notice confirming the vacancy, his appointment is invalid,” Harrison asserted.
The lawyer also claims the appointment of Musalia Mudavadi as acting Interior CS is unconstitutional, as President Ruto’s Executive Order authorizing it did not comply with legal standards.
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“President Ruto appointed Musalia Mudavadi as acting Interior CS under Executive Order Number 5 on July 5, 2024, intended to establish a Committee on Public Health, rendering Mudavadi’s appointment invalid,” Harrison added.
Consequently, Harrison contends that the public holiday announced by Mudavadi for Kindiki’s swearing-in ceremony as acting Interior CS was also unlawful, citing that it contravened Section 3 of the Public Holidays Act.
The activist further argues that the process behind Kindiki’s appointment lacked public transparency, bypassing necessary legal procedures and excluding public involvement as required by Article 10 of the Constitution.
He claims that the events surrounding Kindiki’s promotion to Deputy President were conducted in secrecy, contravening the transparency principles outlined in Article 10 of the Constitution.
Justice Bahati Mwamuye, after receiving the petition, set a deadline of November 12 for Kindiki, President Ruto, former Deputy President Rigathi Gachagua, Attorney General Dorcas Odour, Chief Justice Martha Koome, National Assembly, Senate, IEBC, and Kibwezi West MP Mwengi Mutuse to submit their responses.
The hearing is scheduled for December 16, 2024.
DP Kindiki Faces Fresh Legal Challenge to Oust Him from Office
