The case challenging the appointment of Professor Kithure Kindiki as the Deputy President of Kenya has taken a new twist after the High Court referred the case to Chief Justice Martha Koome to constitute a bench that will hear and determine the matter.
CJ Koome is now expected to constitute a bench that will hear and determine the matter which Justice Bahati Mwamunye believes raises key questions.
According to Mwamuye, the petitioner Joseph Enoch Aura raised some weighty issues in his detailed petition which need the scrutiny and mind of more than one 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," Justice Bahati Mwamuye stated.
In November, Enoch Aura filed a 215-page petition at the Milimani High Court detailing why Kindiki's appointment as Rigathi Gachagua's replacement in the Deputy President's seat was unconstitutional.
The activist, through his lawyer Harrison Kinyanjui, detailed to Kenyans.co.ke the particulars of the petition, which mainly faulted Kindiki's appointment on grounds that no official Gazette notice was issued to announce he had vacated the position.
Aura also highlighted that when Kindiki was handpicked by President William Ruto, he was still serving as Interior Cabinet Secretary, which was a contravention of Article 137(2)(b) of the Kenyan Constitution, which stipulates qualifications and disqualifications for nomination as president or deputy president.
As per the article, no person can be appointed Deputy President unless they cease to hold another public office, such as the position of Cabinet Secretary.
Musalia Mudavadi, who was also mentioned in the petition, was faulted by the activist who claimed his appointment as acting Interior CS in November was against the law. Mudavadi was appointed through an executive order by William Ruto.
Further, the petition poked holes in Mudavadi's declaration of a public holiday on November 1 to facilitate Kindiki's swearing-in, citing Section 3 of the Public Holidays Act.
In the petition, Aura further claims the appointment of Kindiki as the new DP breached Article 10 of the Constitution since it did not have the required public engagement and did not go through the required legal procedures.
Since Kindiki replaced Gachagua as President Ruto's number two, the cabinet has experienced a dramatic shake-up at the expense of some key leaders.
Mudavadi, who was briefly the acting Interior CS, retained his role as the Prime CS, while the Interior docket was occupied by Kipchumba Murkomen, who was previously in charge of Youth Affairs, Creative Economy, and Sports Docket.
