Ousted Deputy President Rigathi Gachagua's lawyer Ndegwa Njiru on Thursday reiterated his camp's stance that there is no possibility of Kithure Kindiki being sworn in anytime soon citing orders issued by the High Court.
Speaking through his official social media channels, the attorney stressed that the conservatory order issued by the Kerugoya High Court is still in force, which he used as a legal basis to justify his argument that Kindiki can't be sworn in anytime soon.
"There is no possibility of Kìndiki being sworn in. The CONSERVATORY order issued in Kerugoya is still in force. I dare Tom Ojienda to go on and have the man from Tharaka sworn in," wrote Njiru.
His sentiments came after lawyer Tom Ojienda urged the three-judge bench hearing Gachagua's impeachment case to hear an application seeking to set aside orders blocking Kindiki's swearing-in. Ojienda was referring to the orders issued by the High Court in Kerugoya.
Ojienda had argued that the Kerugoya conservatory orders were problematic, since they were issued by one judge.
"That order was issued by one judge. Their nature is problematic. If possible, we ask that we be heard today. We don't want to do anything outside the law," he said.
This sequence of events comes after High Court Judge Chacha Mwita on October 18 issued orders stopping Gachagua from being replaced citing that the case presented in court raised weighty constitutional issues that needed to be addressed by a bench appointed by Chief Justice Martha Koome.
The order was to remain in force until October 24.
Shortly after, Justice Richard Mwongo of the Kerugoya High Court issued conservatory orders preventing Interior Cabinet Secretary Kithure Kindiki from being sworn into office and subsequently appointed.
"Pending the hearing and determination of the application inter parties, this Honorable Court issues a Conservatory Order preventing any person including Kithure Kindiki appointed by the President and approved by the National Assembly from assuming the office of the Deputy President," read the order.
This followed similar applications that were filed at the Kerugoya Court by one David Mathenge and four others on the Gachagua impeachment.
Before all these orders were issued, the National Assembly had on Friday, October 18 approved Prof. Kithure Kindiki 's nomination as Deputy President paving the way for his appointment.
His nomination was overwhelmingly supported by a majority of 236 MPs, with no legislator opposing or abstaining. The office of the DP fell vacant after the Senate upheld a vote by the National Assembly to impeach the then Deputy President Rigathi Gachagua.
