Gachagua Case: Three-Judge Panel Greenlights Kindiki’s Swearing-In as Deputy President

On Thursday, the High Court in Nairobi lifted the conservatory orders that had halted the appointment and swearing-in of Kithure Kindiki as deputy president, replacing Rigathi Gachagua.

A three-judge panel comprising Justices Eric Ogolla, Anthony Mrima, and Fridah Mugambi ruled that removing these orders would not disrupt court operations.

Justice Anthony Mrima emphasized that public interest and constitutional requirements dictate that the office of the deputy president should not remain vacant.

“We are persuaded that the current constitutional framework does not allow for a vacancy in the office of the DP, except during the time needed to fill it,” he stated.

Justice Eric Ogolla confirmed, “The applications for conservatory orders are denied. The conservatory orders issued on October 18, 2024, by the Kerugoya High Court are therefore discharged.”

The ruling follows arguments by lawyers representing the National Assembly, led by former Attorney General Githu Muigai, who advocated for lifting the conservatory orders to enable the swearing-in.

Earlier, on October 11, the High Courts in Nairobi and Kerugoya had issued conservatory orders stopping Kindiki’s appointment and swearing-in as deputy president.

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