The High Court in Kerugoya has issued orders barring Kithure Kindiki from assuming office as Deputy President pending the hearing and determination of a case filed before it.
David Munyi Mathenge and Peter Gichobi Kamotho sought the orders after the National Assembly approved the nomination of Kindiki as the new Deputy President, a day after the Senate voted to impeach Rigathi Gachagua.
Mathenge and Kamotho have sued the Senate, the Speaker of the Senate, and two others.
The case was filed under a certificate of urgency before Justice Mwongo Richard Mururu.
Mururu ruled that matters raised in the petition were of great national importance and urgency.
“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 Hon. Chief Justice,” he said.
“In light of the nature of the matters raised herein as noted in Order 3 herein, conservatory orders are hereby issued against implementation of the resolution of the Senate in terms of Prayer C of the Notice of Motion, 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.”
The matter will be mentioned before the High Court bench on October 24, 2024.
The High Court in Nairobi has blocked Kindiki’s appointment until it hears a case next week challenging the impeachment of Gachagua.
The court said Kindiki's appointment as deputy president and the Senate's resolution upholding impeachment charges against Gachagua were suspended until October 24, when a bench of judges appointed by the chief justice will debate the issue.
A second court order said Kindiki cannot assume office until the case is heard.
Gachagua was impeached on five out of 11 charges, including gross violation of the constitution and stirring ethnic hatred—accusations that he denied and dismissed as politically motivated.