The High Court has referred the controversial case challenging the appointment of Professor Kithure Kindiki as Deputy President of Kenya to Chief Justice Martha Koome.
The decision raises significant questions regarding the legality of Kindiki’s ascent to the second-highest office in the land after activist Joseph Enoch Aura filed a detailed 215-page petition outlining alleged constitutional violations associated with the appointment.
Justice Bahati Mwamuye, who presided over the initial hearing, expressed the complexity of the case, underscoring the need for a multi-judge bench to deliberate on the weighty issues at hand.
“I hereby certify the amended petition as such… This file is to be placed before the CJ for empanelment,” Mwamuye stated, hinting at the potential implications this case could have on the stability of the current administration.
Aura’s petition throws a spotlight on several contentious points. Central to the challenge is the claim that no official Gazette notice was issued to announce Kindiki’s departure from his previous role as Interior Cabinet Secretary before stepping into the Deputy President role, thus contravening Article 137(2)(b) of the Kenyan Constitution.
This article clearly outlines that an individual must relinquish any other public office before being appointed as Deputy President.
The petition also scrutinizes the legality of Musalia Mudavadi’s appointment as acting Interior CS, which Aura asserts contravenes established law and procedures, further complicating the legitimacy of Kindiki’s appointment.
He calls into question Mudavadi’s subsequent declaration of a public holiday to facilitate Kindiki’s swearing-in, arguing it violated the Public Holidays Act.
As the political landscape continues to shift, observers are watching closely as Chief Justice Koome prepares to assemble a bench to deliberate on this high-profile case.
Should the court find in favor of Aura’s petition, it could precipitate significant changes at the highest levels of government, with potentially far-reaching implications for President William Ruto’s administration.
With Kenyans eager for clarity on the unfolding saga, the next steps in this legal battle are sure to keep the nation on edge. Will Kindiki hold onto his position, or will the court intervene? Only time will tell.
