The High Court in Nairobi has overturned previous orders that prevented the swearing-in of Prof. Kithure Kindiki as the new Deputy President, following the impeachment of Rigathi Gachagua.
These orders were originally issued by the Kerugoya High Court on October 18, 2024, in response to a petition filed by David Munyi Mathenge and Peter Gichobi Kamotho, who described the issue as one of “great national importance and urgency.”
However, a ruling by a three-judge bench consisting of Justices Antony Mrima, Eric Ogola, and Freda Mugambi on Thursday allowed for Kindiki’s swearing-in.
The judges stated that the case would be mentioned again on November 7, 2024, and noted that Gachagua has the right to appeal the decision.
“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. Typed proceedings and certified copies of this ruling to be availed to parties at cost. We will mention this matter on November 7, 2024 at 2pm in the open court,” Justice Ogola said while delivering the ruling.
Gachagua faced another setback earlier when the Court of Appeal declined to issue orders halting the High Court’s proceedings regarding his ouster case.
The impeached Deputy President had approached the Appellate Court, expressing dissatisfaction with a ruling made last week by a three-judge bench that supported Deputy Chief Justice (DCJ) Philomena Mwilu’s decision to form the bench.
