Kindiki To Wait Longer For Swearing-In As Deputy President
The bench had pushed the hearing for the lifting of the conservatory orders stopping the swearing-in to Tuesday, October 29.
Marvin Chege 
The swearing-in of Deputy President designate Kithure Kindiki will have to wait longer following a decision by a three-judge bench to push the hearing of the ongoing court case to next week.
The bench had pushed the hearing for the lifting of the conservatory orders stopping the swearing-in to Tuesday, October 29.
Justice Ogolla while reading the judgement, declined to set aside the conservatory orders that stopped the swearing-in of nominated Deputy President Kithure Kindiki. The judge, instead, announced that the court would decide whether to lift the orders on the aforementioned date.
"Given the pending application of the conservatory orders and those seeking to set aside the conservatory orders, we hereby direct as follows; the applications shall be deemed as responses for the conservatory orders. The set applications are thereby fixed for hearing on October 29 this month," noted Justice Ogolla.
Rigathi Gachagua and Kithure Kindiki at a past event. /FILE
Kindiki, who is on the verge of relinquishing his role as the Cabinet Secretary for the Ministry of Interior and National Administration, was barred by the High Court from taking up the Deputy President's office, that is if he is appointed by President William Ruto and sworn in.
The court in Kerugoya issued the conservatory orders following a suit filed by David Mathenge and Peter Kamotho who challenged the Senate's decision to impeach Rigathi Gachagua from office.
This came right after the High Court in Nairobi issued conservatory orders stopping the Senate's decision to impeach Rigathi Gachagua.
"THAT the matters raised in the Petition being of great national importance and urgency; and in the court's considered view having raised extremely substantial issues of law, the matter is certified for a bench of High Court Judges to be appointed by the Hon. Chief Justice. That accordingly, the file is to be placed before the Hon. Chief Justice for appointment of a bench.
"THAT in light of the nature of the matters raised herein as noted in Order 3 herein, conservatory orders are hereby issued against implementation of the resolution of the Senate in terms of Prayer c of the Notice of Motion, preventing any person including the 2nd interested party appointed by the President and approved by the National Assembly from assuming the office of the Deputy President," the orders read in part.
This came at the same time Members of the National Assembly approved President William Ruto's nomination of Interior Cabinet Secretary (CS) Kithure Kindiki as the Deputy President of the Republic of Kenya.
While issuing the directive on Friday, October 18, Justice Chacha Mwita noted that the petition raised monumental constitutional issues touching not only at the heart of a functioning constitution but also its fundamental tenets of the rule of law and human rights.
What Next?
The decision by the High Court which suspended the impeachment of Rigathi Gachagua as Deputy President threw plans to swear in Interior Cabinet Secretary Kithure Kindiki into disarray.
The state still has the option of halting the swearing-in ceremony plans until the case filed in court is heard and determined or moving to court to seek orders to suspend the injunction.
Government insider and Kapseret MP Oscar Sudi had on Sunday claimed that Prof Kindiki would be sworn in on Tuesday, October 22 and noted that the Interior CS was the best man for the job.
‘’Even our brother Kindiki whom we have given a job, even when he was a minister, he was not a minister for Tharaka Nithi but for the whole country. He has now been bestowed with the bigger role of being the Deputy President of Kenya and we will put the issue to rest. On Tuesday, by 10 am, he will have put the bible down.
