The High Court in Kerugoya on Friday issued orders barring Kithure Kindiki from assuming the Office of the Deputy President if appointed by President William Ruto.
Justice Richard Mururu in his order, noted that the matter was of great national importance and that the petition raised extremely substantial issues of law. However, the court noted that the matters raised by the petitioners demanded the intervention of Chief Justice Martha Koome.
"That in light of the nature of the matters raised herein as noted in Order 3 herein, conservatory orders are hereby issued against the implementation of the resolution of the Senate in terms of prayer 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 orders read in part.
The orders followed a suit filed by David Mathenge and Peter Kamotho who challenged the Senate's decision to impeach Rigathi Gachagua.
In their petition, the duo faulted the impeachment process, questioning the constitutionally and the legality of the whole procedure. The petitioners thus requested the court to grant a stop to Kindiki's planned swearing-in until the matter was addressed by the court.
This ruling came moments after the High Court sitting in Nairobi issued conservatory orders stopping the appointment of Kithure Kindiki as the country's second in command.
In his orders, Justice Chacha Mwita observed that the petition filed by Gachagua's legal team raised critical constitutional issues affecting not only the functioning constitution but also its fundamental tenets of the rule of law.
The court also noted that the petition raised substantial questions of law and public interest and therefore fit to be heard by a bench of judges appointed by Chief Justice Martha Koome.
"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 orders read.
Kithure Kindiki's nomination was on Friday approved by the National Assembly barely an hour after the Head of State selected him.
The approval was announced after 236 members of parliament voted in favour with no opposition. However, during the process, the voting was done twice after the first process experienced a technical hitch.
"Honourable members, the vote of the nominate of Professor Kithure Kindiki to fill the vacancy of the Office of the Deputy President of the Republic of Kenya is as follows, abstentions are nil, no is nil and ayes are 236, the vote is overwhelming yes," Speaker Wetangula declared.
"The nomination is hereby declared passed by the house and the speaker will transmit the results to the president and the speaker will also sign a gazette notice with this effect and the nominee for the position of the deputy president has been voted by the house and will be transmitted to the appointing authority," the speaker added.
