The High Court has declined to lift the orders preventing Prof. Kithure Kindiki from assuming office as Deputy President. High Court Judges Eric Ogola, Freda Mugambi, and Anthony Mrima ruled on Saturday that the applications filed by Attorney General Dorcas Oduor and the National Assembly will be heard on October 22, 2024.
“In light of the urgency of the matter and the weighty issues raised therein, we direct that the application be served and responded to forthwith, for hearing inter-partes on October 22, 2024, at 11:00 a.m. in open court no. 18,” read part of the orders signed by Justice Mugambi.
Attorney General Oduor argued that the position of Deputy President is currently vacant due to earlier orders issued by Justice Richard Mwongo in a case brought forward by David Munyi and Peter Kamotho. She also claimed it was unfair for the orders to be issued without the government being heard first.
“The Constitution of Kenya, 2010 does not envisage a vacuum in the office of the Deputy President and as such it is in the interest of justice that the interim orders herein be set stayed, varied and /or set aside. It is prejudicial to the people of Kenya and the entire republic if the office of the Deputy President remains vacant as a result of the ex-parte interim orders,” the application filed by the Solicitor General Shadrack Mose reads in part.
Justice Mwongo ordered that no one appointed by President William Ruto should occupy the office until the application is heard on October 24.
He directed that the file be placed before Chief Justice Martha Koome to appoint a bench to hear it.
In another order, Justice Chacha Mwita suspended the implementation of the Senate’s resolution to kick out Rigathi Gachagua while Justice Bahati Mwamuye declined to issue orders on the basis that some had been overtaken by events.
Following the orders, Rigathi’s lawyers asserted that he remains the second in command.
