Kindiki and Gachagua
Rigathi Gachagua has suffered a big blow after a three-judge bench hearing his impeachment case lifted orders conservatory orders that stopped the appointment and swearing-in of Kithure Kindiki as the deputy president.
In a ruling on Thursday, October 31, the bench led by Justice Eric Ogola and comprised of Justice Anthony Mrima and Fredah Mugambi stated that the public interest and constitutional provision demanded that the office of the deputy president should not remain vacant.
“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 are to be availed to parties at cost. We will mention this matter on November 7, 2024, at 2 pm in the open court,” the judges said.
The High Court in Kerugoya had issued orders barring Kithure Kindiki from assuming office as Deputy President pending the hearing and determination of a case filed before it.
This was after David Munyi Mathenge and Peter Gichobi Kamotho filed a petition seeking to block Kindiki’s appointment after he was approved by the National Assembly.
The National Assembly while challenging the order stated that Justice Mwongo Richard Mururu of Kerugoya granted an order which was final in nature, offending the rules of natural justice which dictates that both sides ought to be heard before issuing such an order with far-reaching implications.
The High Court ruling comes after the Court of Appeal declined to grant Gachagua orders to stop the High Court from further prosecuting his ouster case.
Also Read: Gachagua Sends Plea To Mt Kenya Residents Ahead Of Court Ruling On His Impeachment
