Setback As Kindiki Barred From Taking Office As Deputy President
This comes right after the High Court in Nairobi issued conservatory orders stopping the Senate's decision to impeach Rigathi Gachagua.
Marvin Chege 
Kithure Kindiki has been 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 comes right after the High Court in Nairobi issued conservatory orders stopping the Senate's decision to impeach Rigathi Gachagua.
Justice Mwongo directed the applicants to serve the Respondents with the application by close of business today. The respondents were directed to file and serve their responses within three (3) days from the date hereof.
President William Ruto with Kithure Kindiki during a past event. /X
"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.
The matter is set for mention before the High Court bench on October 24, 2024. 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 to suspend the impeachment of Rigathi Gachagua as Deputy President has thrown plans to swear in Interior Cabinet Secretary Kithure Kindiki into disarray.
The state now 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.
According to reports, initial plans were to have Kindiki sworn in as Deputy President at Kasarani Stadium, or KICC, on Saturday morning before the Friday afternoon order. He was then planned to attend this year's Mashuja Day celebrations in Kwale County on Sunday as the country's second in command.
