Prof Kithure Kindiki is set to wait longer for his much anticipated swearing-in as the three judge bench hearing the Gachagua impeachment case pushed the hearing of the ongoing court case to next week.
This is after the three High Court judge bench comprised of Justices Eric Ogola, Anthony Mrima and Frida Mugambi pushed the hearing for the lifting of the conservatory orders stopping the swearing in to Tuesday, October 29.
Justice Ogolla while reading the judgement, declined to set aside the conservatory orders that stopped the swearing-in of nominated Deputy President Kithure Kindiki. The judge, instead, announced that the court would decide whether to lift the orders on the aforementioned date.
"Given the pending application of the conservatory orders and those seeking to set aside the conservatory orders, we hereby direct as follows; the applications shall be deemed as responses for the conservatory orders. The set applications are thereby fixed for hearing on October 29 this month," noted Justice Ogolla.
Prof Kindiki's supposed swearing in was brought to a screeching halt after the High Court in Kerugoya issued orders barring Kindiki from assuming the Office of the Deputy President.
In his order, Justice Richard Maruru noted that the matter was of great national importance and that the matter raised extremely substantial issues of law.
"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.
Prof Kithure Kindiki was nominated by President William Ruto and approved by Parliament as the second in command after the impeachment of Rigathi Gachagua.
However, a suit was filed in the Kerugoya court by David Mathenge and Peter Kamotho who challenged the Senate's decision to uphold Gachagua's impeachment.
Government insider and Kapseret MP Oscar Sudi had on Sunday claimed that Prof Kindiki would be sworn in on Tuesday October 22 and noted that the Interior CS was the best man for the job.
‘’Even our brother Kindiki whom we have given a job, even when he was a minister, he was not a minister for Tharaka Nithi but for the whole country. He has now been bestowed with the bigger role of being the Deputy President of Kenya and we will put the issue to rest. On Tuesday, by 10 am, he will have put the bible down.
The latest move by the three judges is set to prolong the ongoing legal battle between the State and Rigathi Gachagua and surely test the elasticity of the Judiciary and by extension the Kenyan law.
