The High Court has referred a petition challenging the appointment of Prof Kithure Kindiki as Deputy President to Chief Justice Martha Koome to constitute a bench that will hear and determine the matter.
Justice Bahati Mwamuye said the amended petition filed by activist Enock Aura raises weighty and substantial questions of law that require the mind of more than a single Judge.
"I hereby certify the amended petition as such. I also note that it delves into issues pending before a three-judge bench of the High Court. Consequently, this file is to be placed before the CJ for empanelment," said Justice Bahati Mwamuye.
Aura in his court documents says Kindiki was not constitutionally nominated or lawfully appointed as Deputy President making his assumption to office invalid.
He bases his argument on claims that the position of the Deputy President was not declared vacant as required by law.
"To date, no declaration of the vacancy of the office of the Deputy President has been made, gazetted or published in any newspaper by the IEBC declaring the cessation of the tenure of Rigathi Gachagua as such," he said.
Through advocate Harrison Kinyanjui, he says no lawfully declared vacancy in the office of DP would validate Kindiki's assumption to office.
"Such a verdict must be gazetted by the IEBC. It was not," reads part of the amended petition dated December 16, 2024.
On October 31 last year, the High Court lifted orders that had blocked the swearing-in of Kindiki as DP.
Justices Eric Ogola, Anthony Mrima and Fresh Mugambi in their ruling cited the need to ensure continuity in office saying the office cannot remain vacant.
Kindiki's sweating-in was initially halted after the High Court sitting in Kerugoya issued an order blocking him from assuming office.
But these orders were lifted following applications by the state to have them set aside.
But Aura in challenging his swearing-in, Aura says his cessation as a state officer has not been gazetted to date.
"No such gazettement to evince the cessation of Kindiki as a CS in the current government was transmitted to the National Assembly on October 18, last year by the president or availed to the members of the public," says Aura.
