High Court dismisses conservatory orders paving way for the swearing-in of Kindiki as Deputy President
The High Court has lifted orders barring Deputy President Designate Kithure Kindiki from taking oath of office
The High Court has lifted orders barring Deputy President Designate Kithure Kindiki from taking oath of office.
The High Court in Nairobi on Thursday lifted the conservatory orders that stopped the appointment and swearing-in of Kithure Kindiki as the deputy president replacing Rigathi Gachagua.
The three-judge bench consisting of Justices Eric Ogolla, Anthony Mrima, and Fridah Mugambi noted that lifting the conservatory orders would not have an impactful effect on the operations of the court.
According to Justice Anthony Mrima, the public interest and constitutional provision demanded that the office of the deputy president should not remain vacant.
“We are convinced and find that the current constitutional framework does not envision any scenario in which the office of the DP would remain vacant except during the brief period required to fill a vacancy,” noted Justice Anthony Mrima.
“The applications for conservatory orders are hereby disallowed. The conservatory orders on October 18, 2024, in Kerugoya High Court are hereby discharged and set aside,” Justice Eric Ogolla pronounced.
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The ruling comes after lawyers representing the National Assembly led by former Attorney General Githu Muigai urged the three-judge bench to lift the conservatory orders to pave the way for a swearing-in.
While addressing the court, the lawyer argued that the office of the deputy president was vacant and that the conservatory order had been overtaken by events.
On October 11, the High Courts in Nairobi and Kerugoya issued conservatory orders stopping the appointment and swearing-in of Kithure Kindiki as the DP.
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