Court of Appeal deals blow to Gachagua in plea to bar Kindiki swearing in
By Joseph Ndunda |
The High Court bench comprising Justices Eric Ogola, Antony Mrima, and Freda Mugambi is now at liberty to proceed with making its ruling this afternoon.
The Court of Appeal has declined to issue orders stopping the High Court's three-judge bench from issuing a ruling on an application to lift orders issued to stop the swearing in of Deputy President Designate Prof. Kîthûre Kîndîkî.
Parliament and the State Law Office submitted an application requesting the bench to overturn orders issued by Justice Richard Mwongo of the Kerugoya High Court, which had delayed Prof. Kindiki's swearing-in pending the outcome of petitions filed by impeached Deputy President Rigathi Gachagua to invalidate his ouster.
Justices Patrick Kiage, George Odunga, and Aggrey Muchelule said that the orders can only be given on Wednesday next week.
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Gachagua's lead lawyer, Senior Counsel Paul Mûite, had asked the Court of Appeal bench to give temporary orders to stop the high bench from making its ruling.
The High Court bench comprising Justices Eric Ogola, Antony Mrima, and Freda Mugambi is now at liberty to proceed with making its ruling this afternoon.
If the bench lifts conservatory orders stopping the replacement of Gachagua that were issued by Justice Richard Mwongo of the High Court in Kerungoya, Prof. Kîndîkî will be sworn in as DP any time beginning tomorrow (Friday, November 1) and Tuesday next week afternoon.
Meanwhile, the Court of Appeal directed Gachagua's legal team to revise their application, instructing them to amend the notice of motion to halt the High Court’s review of his petitions. The revised filing must now include all parties involved in the original High Court proceedings.
Lawyers told the appellate court that some of the parties were left out of the application yet they had participated in the High Court.
"The dilemma is that there were two cohorts of petitions consolidated and heard at the High Court and interlocutory orders issued. Why is the appellant cherry-picking the respondents?" Lawyer Peter Wanyama for the National Assembly asked Justice Kiange's bench.
However, lawyer Dudely Ochiel for the Katiba Institute had argued that there is no need to suspend the court of appeal proceedings and reject the prayers to discontinue.
Kiange directed Gachagua's lawyers to serve the amended application to all the parties before midday tomorrow, and the parties should respond to the application before midday on Monday next week.
The High Court will hold its next sitting on November 6 to resume sittings and start hearings, when Prof. Kindiki is expected to have been sworn in as the deputy president.
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