The High Court has lifted the orders that had prevented Deputy President Designate Kithure Kindiki from being sworn into office, effectively allowing his assumption of the role as the next Deputy President. A three-judge bench led by Justice Eric Ogola, alongside Justice Anthony Mrima and Justice Fredah Mugambi, dismissed the conservatory orders initially issued by the Kerugoya High Court on October 18, 2024.
In their ruling, the judges stated:
“The applications for conservatory orders are hereby disallowed. The conservatory orders issued on October 18, 2024, in Kerugoya High Court are hereby discharged and/or set aside. We grant leave for appeal.”
The matter will be revisited on November 7, 2024, at 2 pm in open court.
The initial orders were sought by David Munyi Mathenge and Peter Gichobi Kamotho following Kindiki’s nomination as Deputy President, which was approved by the National Assembly shortly after the Senate’s impeachment of Rigathi Gachagua. Mathenge and Kamotho had filed the case, questioning the process and legality of the Senate’s actions, naming the Senate, the Speaker of the Senate, and other respondents. Originally filed in Kerugoya under a certificate of urgency, the case was later consolidated with related cases in Nairobi.
