High Court refers Kindiki's appointment petition to Chief Justice for bench formation
A three-judge bench comprising Justices Eric Ogola, Anthony Mrima, and Fresh Mugambi ruled that the office of the Deputy President could not remain vacant.
The High Court has referred a petition challenging the appointment of Kithure Kindiki as Deputy President to Chief Justice Martha Koome for forming a bench to hear and determine the matter.
Justice Bahati Mwamuye certified the petition, filed by activist Enock Aura, as raising substantial legal questions requiring a panel of judges.
More To Read
- Registrar gazettes UDA's proposed ouster of Gachagua as deputy party leader, seeks public feedback
- Judiciary faces allegations of e-filing sabotage in petition linked to Gachagua
- Excitement at KICC as Kindiki arrives for swearing-in as Deputy President
- D-Day for Kindiki as he readies to take over as Deputy President
- Ruto appoints Prime CS Musalia Mudavadi acting Interior Cabinet Secretary
- Kindiki to be sworn in as new Deputy President on Friday at KICC
"I hereby certify the amended petition as such. I also note that it delves into issues pending before a three-judge bench of the High Court. Consequently, this file is to be placed before the CJ for empanelment," said Mwamuye on Thursday.
Aura, through his lawyer Harrison Kinyanjui, claims Kindiki's assumption of office is unconstitutional as the position of Deputy President was not declared vacant by the Independent Electoral and Boundaries Commission (IEBC) following the tenure of Rigathi Gachagua.
"To date, no declaration of the vacancy of the office of the Deputy President has been made, gazetted, or published in any newspaper by the IEBC declaring the cessation of the tenure of Rigathi Gachagua as such," Aura stated in the petition.
The petition also argues that no lawful declaration of a vacancy in the office of Deputy President was made, rendering Kindiki's assumption to office invalid.
"Such a verdict must be gazetted by the IEBC. It was not," reads part of Aura's amended petition dated December 16, 2024.
Kindiki's swearing-in as Deputy President was initially halted in October 2024 by the High Court in Kerugoya, following Aura's earlier petition.
However, the court lifted the orders later, citing the need to ensure continuity in office.
A three-judge bench comprising Justices Eric Ogola, Anthony Mrima, and Fresh Mugambi ruled that the office of the Deputy President could not remain vacant.
Despite this, Aura insists that Kindiki's appointment remains flawed, arguing that no gazettement of his cessation as a Cabinet Secretary was transmitted to the National Assembly or made available to the public.
Top Stories Today
- Detectives recover pistol used in assassination of MP Charles Were
- Dozens of students arrested in pro-Palestinian protest at Columbia University
- Politician Philip Aroko links MP Were murder summons to political witch-hunt by Governor Wanga
- UAE dismisses Sudan's decision to cut ties, refuses to recognise army-aligned leadership
- Somalis, South Sudanese lead in refugee population in Kenya
- Over 50 pesticide brands banned as state moves to protect public health
- Five more suspects in murder of Kasipul MP Were to be arraigned
- Sewage crisis deepens forcing Eastleigh traders to wear gumboots at work
- Sakaja urged to ensure Nairobi CBD CCTV cameras work after MP Were's killing
- Black smoke signals no pope elected at first vote
- DCI orders Philip Aroko to surrender himself over MP Were’s murder
- At least 13,500 families to receive compensation after Mau Forest evictions
- Kenya records more male births than female for tenth straight year
- Kenya pushes Washington to scrap Trump-era tariffs
- Confusion over President Ruto’s 250,000 housing jobs as sector shrinks
- Respiratory illnesses, malaria lead hospital visits in Kenya
- Private sector activities rise to a 27-month high in April
- Revealed: Insider deals and offshore links driving up Kenya’s energy costs
- Petition exposes Sh975bn debt linked to Treasury’s budget law breach
- UHC medics reject Duale’s directive on payroll transfer to counties
