Kindiki's Swearing-In Delayed Again As High Court Postpones Hearing To Next Week

Kindiki’s Swearing-In Delayed: High Court Postpones Hearing to October 29

Kithure Kindiki’s swearing-in as Kenya’s Deputy President has been delayed once again due to ongoing legal proceedings. A High Court three-judge bench has decided to postpone the hearing on whether to lift orders blocking his swearing-in. This decision comes after a petition raised concerns of “great national importance,” affecting Kindiki’s ability to assume office despite parliamentary approval.

Court’s Decision on the Hearing Date

Hearing Postponement: The High Court has set the hearing for Tuesday, October 29, 2024, at 10 a.m. to determine if the conservatory orders preventing Kindiki’s swearing-in will be lifted.
Justice Eric Ogolla’s Announcement: In a statement, Justice Ogolla emphasized that the applications submitted in support of lifting the conservatory orders would be reviewed on this date.

Background of the Legal Proceedings

Initial Order: The High Court in Kerugoya previously issued an order preventing Kindiki from assuming the Deputy President role.
Petition Concerns: The petition, filed by David Munyi Mathenge and Peter Gichobi Kamotho, raised concerns that the court deemed to be of “great national importance and urgency.” Justice Richard Mwongo, who presided over the initial hearing, issued conservatory orders to delay Kindiki’s swearing-in based on these concerns.

Key Points of the Petition

Conservatory Orders: The court issued conservatory orders to block the implementation of Kindiki’s swearing-in as Deputy President until further notice.
Focus on Senate and Presidential Roles: These orders prevent any appointed individuals, including Kindiki, from assuming the Deputy President’s office, pending further hearings.

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Timeline of the Proceedings

Original Mention Date: Initially, the matter was scheduled to be mentioned on October 24, 2024, but was postponed to October 29.
Gazette Notification: Despite the court order, National Assembly Speaker Moses Wetangula had gazetted Kindiki’s appointment following the House’s approval.

Background of Kindiki’s Nomination and Approval

Nomination by President: President William Ruto nominated Kindiki, who currently serves as Interior Cabinet Secretary, to the Deputy President role after Rigathi Gachagua’s impeachment.
Parliamentary Support: The National Assembly voted with overwhelming support, with 236 MPs approving Kindiki’s nomination, and no votes opposing or abstaining.

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Conclusion
The High Court’s decision to delay Kindiki’s swearing-in reflects the complex legal and national considerations surrounding this high-profile appointment. As the court prepares to review these matters on October 29, Kindiki’s future as Deputy President remains uncertain.