The High Court in Nairobi has set aside previous orders issued barring the swearing-in of Prof. Kithure Kindiki as the new Deputy President following the impeachment of Rigathi Gachagua.
The orders were issued by the Kerugoya High Court on October 18, 2024 following a petition filed by David Munyi Mathenge and Peter Gichobi Kamotho terming the matter as being of “great national importance and urgency.”
However, a judgement issued by a three-judge bench comprising Justices Antony Mrima, Eric Ogola and Freda Mugambi sitting in Nairobi on Thursday paved the way for Kindiki’s swearing-in.
The judges went ahead to rule that the matter will be mentioned on November 7, 2024, further adding Gachagua is at liberty to file an appeal against the judgement.
“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,” the judges said in the ruling read by Justice Ogola.
Gachagua had earlier on also been dealt another blow after the Court of Appeal declined to grant orders to stop the High Court from further prosecuting his ouster case.
The impeached DP had moved to the Appellate court noting that he is dissatisfied with the ruling delivered last week by a three-judge bench that approved the decision by Deputy Chief Justice (DCJ) Philomena Mwilu to empanel the bench.
