Wed. Feb 12th, 2025

High Court to Decide on Kithure Kindiki’s Swearing-In Today

Blow to Gachagua as High Court Allows Swearing-In of New DP Prof. Kithure Kindiki

Kenyan High Court to Decide on Kithure Kindiki’s Swearing-In

Today, the Kenyan High Court will rule on whether Deputy President nominee Kithure Kindiki can officially take office. The decision is highly anticipated as it will determine if Kindiki will replace Rigathi Gachagua, who was recently impeached by the Senate.

Key Players and Timeline

  • Deputy President Nominee: Kithure Kindiki, nominated by President William Ruto
  • Impeached Deputy President: Rigathi Gachagua, removed from office by the Senate on October 17
  • Judges Involved: Justices Antony Mrima, Eric Ogola, and Freda Mugambi

ALSO READ: Kitui High Court Dismisses Wiper MCAs Petition Against Kindiki’s Nomination as DP

Background: Gachagua’s Impeachment and Legal Challenge

After his impeachment by the Senate, Gachagua immediately launched a legal battle to contest the decision. Following this, President Ruto nominated Kindiki to take Gachagua’s place as Deputy President.

Petition to Block Kindiki’s Swearing-In

Two petitioners, David Munyi and Peter Gichobi, moved to the court on October 18. They sought to block Kindiki’s swearing-in until all cases related to Gachagua’s impeachment are fully heard. In response, Kerugoya Law Court issued an order temporarily stopping Kindiki’s appointment, stating:

“No person, including the nominee by the President and approved by the National Assembly, can assume the office of Deputy President until further notice.”

ALSO READ: Gachagua Urges Mt Kenya Residents to Maintain Peace Amid Court Ruling

Gachagua’s Concerns with the Court’s Bench

Gachagua’s legal team challenged the selection of the three-judge bench chosen by Deputy Chief Justice Philomena Mwilu, arguing only the Chief Justice has the authority to appoint such a panel.

However, the High Court upheld DCJ Mwilu’s decision, clarifying that the Constitution allows her to step in for the Chief Justice when necessary.

Request for Judges’ Recusal

Unhappy with the selected judges, Gachagua asked the judges to recuse themselves from the case, citing potential bias. The judges denied this request, explaining their decision based on:

  • The constitutional concept of judge recusal
  • Impartiality concerns
  • Threshold for bias in court cases

ALSO READ: UDA party to replace Rigathi Gachagua as Deputy Party Leader.

Gachagua Appeals to Higher Court

Dissatisfied with the High Court’s decision, Gachagua appealed to the Court of Appeal. He argued that the ruling allowing DCJ Mwilu to select the judges was “erroneous” and “misinterpreted the Constitution.” He is now seeking to pause the High Court proceedings until his appeal is heard.

Next Steps

The High Court’s decision today will clarify if Kindiki can proceed with the swearing-in or if the court will delay until Gachagua’s appeal is resolved. All eyes remain on the court as Kenyans await the final verdict in this high-stakes case.

ALSO READ: ODM Nominates Junet Mohamed for Interior CS Role if Kindiki Becomes Deputy President


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