Kerugoya, Uganda | By Michael Wandati | The High Court in Kerugoya has issued a temporary injunction preventing Kithure Kindiki from assuming the office of Deputy President, pending the outcome of a case challenging his appointment.
The case was filed by David Munyi Mathenge and Peter Gichobi Kamotho after the National Assembly approved Kindiki’s nomination, following the Senate’s decision to impeach former Deputy President Rigathi Gachagua.
Mathenge and Kamotho named the Senate, its Speaker, and two others as respondents in the suit. The case, which was filed under a certificate of urgency, was brought before Justice Mwongo Richard Mururu.
“In the court’s considered view, having raised extremely substantial issues of law, the matter is certified for a bench of High Court Judges to be appointed by the Hon. Chief Justice,” he said.
“In light of the nature of the matters raised herein as noted in Order 3 herein, conservatory orders are hereby issued against implementation of the resolution of the Senate in terms of Prayer C 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 High Court in Nairobi has issued orders temporarily blocking the appointment of Kithure Kindiki as Deputy President until a case challenging the impeachment of former Deputy President Rigathi Gachagua is heard. The matter is scheduled to be mentioned before a High Court bench on October 24, 2024.
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Justice Mwongo ruled that both the Senate’s resolution upholding Gachagua’s impeachment and Kindiki’s nomination are suspended pending further judicial review. The Chief Justice is expected to appoint a panel of judges to deliberate on the issue during the upcoming hearing.
In a separate court order, it was specified that Kindiki cannot assume office until the case is fully heard and determined.
Gachagua was impeached on five out of 11 charges, including gross violations of the constitution and inciting ethnic tensions, accusations he has consistently denied, describing them as politically motivated.