Kindiki's swearing-in delayed again as High Court pushes hearing to next week

Kithure Kindiki will have to wait longer for his much-anticipated swearing-in as Deputy President following a decision by a three-judge High Court bench.

The court pushed the hearing regarding the lifting of conservatory orders that prevent his swearing-in to Tuesday, October 29, 2024, at 10 am.

Justice Eric Ogolla while reading the judgement, declined to set aside the conservatory orders that stopped the swearing-in of nominated DP Kindiki.

The judge, instead, announced that the court would decide whether to lift the orders on the aforementioned date.

"Given the pending application of the conservatory orders and those seeking to set aside the conservatory orders, we hereby direct as follows; the applications shall be deemed as responses for the conservatory orders. The set applications are thereby fixed for hearing on October 29 this month," Ogolla stated.

Kindiki's appointment was halted after the High Court in Kerugoya last week issued orders barring him from assuming the office.

"Great national importance"

Justice Richard Mwongo ruled that the issues raised in the petition filed by David Munyi Mathenge and Peter Gichobi Kamotho are of “great national importance and urgency.”

"That in light of the nature of the matters raised herein as noted in Order 3 herein, conservatory orders are hereby issued against the implementation of the resolution of the Senate in terms of prayer of the notice of motion, preventing any person including the 2nd interested party appointed by the president and approved by the National Assembly from assuming the Office of the Deputy President," the orders read in part.

The matter was initially set to be mentioned on October 24, 2024, but has now been rescheduled.

This legal intervention comes despite National Assembly Speaker Moses Wetangula having already gazetted Kindiki to assume the role after the House approved his nomination.

President William Ruto nominated Kindiki, the Interior Cabinet Secretary, following the impeachment of Rigathi Gachagua last Thursday night.

The National Assembly subsequently voted to approve Kindiki's appointment, with 236 MPs supporting the nomination and no opposition or abstentions.

"I have received a message from the president on the nomination of Professor Kithure Kindiki to fill the vacancy in the office of the Deputy President of the Republic of Kenya," Wetangula announced during a special sitting on Friday.

He confirmed that the nomination was passed by the House and that the results would be transmitted to the president.