Swearing-In of Prof Kindiki Delayed Again
Prof Kithure Kindiki’s eagerly awaited swearing-in faces further delays as a three-judge bench handling the Gachagua impeachment case rescheduled the court hearing to next week.
This decision came after Justices Eric Ogola, Anthony Mrima, and Frida Mugambi of the High Court postponed the hearing to lift the conservatory orders that have been blocking the swearing-in, now set for Tuesday, October 29.
Justice Ogola, delivering the ruling, refused to lift the conservatory orders that have temporarily halted the swearing-in of Deputy President nominee Kithure Kindiki. He announced that the court would address the matter of lifting the orders on the rescheduled date.
“Considering the current application for conservatory orders and the responses requesting their removal, we hereby direct that the applications will be considered responses to the conservatory orders. These applications are scheduled for a hearing on October 29,” said Justice Ogola.
Prof Kindiki’s anticipated swearing-in was abruptly halted after the High Court in Kerugoya issued an order preventing him from taking on the role of Deputy President.
In his ruling, Justice Richard Maruru emphasized the case’s significant national importance and the substantial legal questions it posed.
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“Given the serious nature of the issues raised as outlined in Order 3, conservatory orders are issued to halt the Senate’s resolution. This action prevents anyone, including the second interested party appointed by the president and approved by the National Assembly, from assuming the Office of the Deputy President,” the ruling stated.
President William Ruto nominated Prof Kithure Kindiki, and Parliament approved him as Deputy President, following the impeachment of Rigathi Gachagua.
However, David Mathenge and Peter Kamotho filed a suit in the Kerugoya court challenging the Senate’s decision to confirm Gachagua’s impeachment.
Kapseret MP and government ally Oscar Sudi had earlier claimed that Prof Kindiki would be sworn in on Tuesday, October 22, and praised him as the ideal choice for the role.
“Even when Kindiki was a minister, he served not only Tharaka Nithi but the entire country. Now, with this greater responsibility as Deputy President, we will resolve the matter. By Tuesday, 10 a.m., he will have taken the oath,” Sudi stated.
The judges’ latest move extends the legal dispute between the State and Rigathi Gachagua, presenting a significant test of the Judiciary’s resilience and, by extension, the Kenyan legal system.
Swearing-In of Prof Kindiki Delayed Again
