The High Court has upheld an order preventing Kithure Kindiki from assuming the role of Deputy President, following a petition from five individuals in Kirinyaga.
In a decision rendered by a bench of three judges—Justices Eric Ogola, Anthony Mrima, and Freda Mugambi—the court directed the National Assembly to serve the application to the petitioners ahead of the hearing scheduled for October 22.
The petitioners, including David Munyi, argue that the impeachment process leading to the nomination of Kindiki lacked transparency and was fundamentally flawed.
They claim the procedure was executed hastily, violating constitutional principles of public participation and fair hearing, essential tenets enshrined in Articles 25 and 50 of the Constitution.
They contend that the impeachment of Rigathi Gachagua, the former Deputy President, occurred without giving him a proper opportunity to defend himself.
In response, the National Assembly sought to lift the court’s order, warning that halting Kindiki’s ascension could trigger a constitutional crisis.
Lawyer Eric Gumbo, representing the Assembly, argued that delaying the application could result in irreversible consequences for the country’s governance.
As the political landscape ripples with uncertainty, Gachagua has also taken legal action, challenging the grounds on which the Senate moved to impeach him.
He posits that no substantial evidence backed the allegations leading to the impeachment, and he argues for the necessity of public participation in such significant constitutional matters.
Amid mounting tensions, the looming court hearings next week are set to play a pivotal role in shaping the future of Kenya’s leadership and constitutional processes, as the public awaits clarity on who will occupy the Deputy President’s seat.
