The Chief Justice of Kenya and the president of the Supreme Court, Lady Justice Martha Koome has been tasked to select a three Judge bench to hear a petition seeking to oust the Deputy President of Kenya, Prof. Kithure Kindiki.
This is after a High Court Judge referred a petition seeking Deputy President ‘s Kithure Kindiki’s removal from office to the Chief Justice Martha Koome for empanelment.
High Court Judge, Justice Bahati Mwamuye said that the petition filed by Activist Enock Aura through lawyer Harrison Kinyanjui raises serious issues of the law.
The petitioner says that Kindiki’s appointment was shrouded in illegalities.
The judge said he was convinced that the case raises substantial issues to warrant a bench.
The new directions came up after Aura through lawyer Kinyanjui argued that there must be strict adherence to set constitutional procedures in the appointment of high-ranking government officials.
Kinyanjui says that the process leading to Kindiki’s swearing-in on Friday, November 1, 2024, was unconstitutional.
He told the Court that in the first place, Prof. Kindiki was illegally appointed as a Deputy President, and that his installation into office violates critical provisions of the Kenyan Constitution.
The petitioner is seeking several declarations from the court, including that Kindiki’s appointment as Deputy President was unconstitutional and that he should be prohibited from assuming any powers or duties associated with the office.
He contends that Kindiki did not even appear before the National Assembly at all on 18th October 2024 for the approval hearing of the nomination proceedings, and that no report was ever generated by the National Assembly as required under the Public Appointments (Parliamentary Approval) Act rendering Kindiki’s nomination null and void.
He also stated that Kindiki had never resigned as the Cabinet Secretary for Interior and that the nighttime purported replacement by Hon. Musalia Mudavadi was illegal as the Executive Order No.5 of 2024 had already issued on 15th July 2024 and could not refer to the CS replacement.
