State, Parliament seek to lift ban on Kindiki being sworn in as DP
This appeal comes as interim orders from the Kerugoya Court are set to expire on Thursday.
The State and the National Assembly have called on a three-judge bench to expedite the hearing of an application aimed at lifting orders that block Professor Kithure Kindiki's swearing-in.
This appeal comes as interim orders from the Kerugoya Court are set to expire on Thursday.
During the proceedings, State lawyer Professor Tom Ojienda urged the bench to prioritise their application, expressing concerns over the nature of the existing orders.
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"That order was issued by one judge. Their nature is problematic. If possible, we ask that we be heard today. We don't want to do anything outside the law," he stated.
However, Justice Eric Ogola, who is leading the bench, requested all parties to wait until the afternoon, when the court will resume.
"We have been courteous. Let us wait for the proceedings in the afternoon. This bench will not allow any party to take the process of the court in circles," he noted.
On October 18, 2024, Justice Chacha Mwita issued an order suspending the implementation of the Senate's resolution that upheld impeachment charges against Deputy President Gachagua, including the appointment of his successor.
This suspension is set to last until October 24, when the matter is scheduled for further action before the current bench.
Additionally, Justice Richard Mwongo, presiding in Kerugoya, issued a conservatory order preventing Kindiki, who has been appointed by the President and approved by the National Assembly, from assuming the office of Deputy President.
This decision followed a similar application filed in Kerugoya Court by David Mathenge and four others regarding Gachagua's impeachment.
All eyes now remain on the bench, which is expected to address the urgent matters in the afternoon.
If an extension is not granted by tomorrow, the Judiciary will have no grounds to delay the swearing-in of the Deputy President-designate.
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