The High Court in Nairobi on Friday issued conservatory orders stopping the appointment of Kithure Kindiki as the deputy president of Kenya to replace Rigathi Gachagua.
In his directive, Justice Chacha Mwita noted that the petition filed by Gachagua's legal team raised monumental constitutional issues touching not only at the heart of a functioning constitution but also its fundamental tenets of the rule of law and human rights.
Justice Chacha Mwita ordered the petitioner to immediately serve the application to the respondents with the judge further directing the respondents to file their applications in the next three days.
According to the High Court judge, the petition raised substantial questions of law and public interest and therefore fit to be heard by a bench of uneven number of judges to be appointed by Chief Justice Martha Koome.
"The file be placed before the Hon. Chief Justice immediately for consideration in that regard and that the pleadings be served immediately and be responded to within 3 days after service," read part of the court notice.
"That in the meantime, due to the issues raised in the petition and application, and the urgency demonstrated, a conservatory order is hereby issued staying implementation of the resolution by the Senate upholding the impeachment charges against the petitioner, the Deputy President of Kenya," the notice read further.
Following the injunction, the High Court resolved to set October 24 as the date for the hearing of the matter which was certified as urgent by Justice Chacha Mwita.
"The matter will be mentioned before the bench to be appointed by the Chief Justice, for appropriate orders and action," the court directed further.
The court decision followed barely an hour after Members of Parliament unanimously voted in favour of Kuthure Kindiki's nomination as the country's next deputy president.
