KENYA : The National Assembly has urged court to set aside conservatory orders barring Kithure Kindiki from taking Oath Of office.
Former Interior Cabinet Secretary, Kithure Kindiki, was Nominated Deputy President by President Ruto, Following the Impeachment of Deputy President Rigathi Gachagua.
Kithure Kindiki's Nomination was unanimously approved by the Members Of Parliament Parliament, with the only step remaining being his Swearing in.
However, Kindiki's Swearing-In was met with Conservatory orders, after Impeached Deputy President Rigathi Gachagua's lawyers moved to Court.
According to Professor Githu Muigai, the constitution did not envisage a vacancy at the office of the Deputy President and the order barring Kindiki from assuming office is against the interest of the wider public.
“The language of the Law is that the moment the senate voted to uphold the Impeachment of Hon.Rigathi Gachagua, by Law he ceased to hold office.” Submitted Professor Githu Muigai.
According to Githu Muigai, the constitution recognises that it has donated power to several other institutions and therefore both the National Assembly and senate acted within their confines of the Law.
Muigai told court that the Constitution has a self correcting provisions such that in the event the court upon hearing the entire petition rules that Gachagua was illegally Impeached, the executive will be ready to reverse Kindiki’s nomination even after assuming office as the Deputy President.
Both the National Assembly and the senate have maintained that Gachagua was accorded opportunity to present his case but choose to go missing prior to his cross-examination by senate.
“The Senate speaking through the people under Article 1 of the constitution was the trial chamber,
the Deputy President was accorded an opportunity to be heard but his entire legal team walked out of senate, senate then proceeded to vote.
Gachagua deliberately decided to sabotage his own appearance before senate…” Said Professor Senator Tom Ojienda.
The National Assembly and senate informed Justices Dr. Freda Mugambi, Erick Ogolla and Anthony Murima that the conservatory orders issued by Kerugoya and Nairobi High Courts was inconceivable as it preys on public interest.
Professor Tom Ojienda urged the court to vacate the orders barring Kindiki From taking oath of office as the new DP.
According to Professor Tom Ojienda, the bigger public interest tilts in the appointment of his excellency Prof.Kithure Kindiki.
Muthomi Thiangolu in his part said that the High Court and all the other Courts in Kenya lacked jurisdiction to entertain a dispute resulting from the Impeachment of president or deputy president.
The case proceeds in court, with impeached Deputy President Rigathi Gachagua filling more cases, despite several already pending.
