BY NT CORRESPONDENT.
High Court has cleared path for Prof. Kithure Kindiki to be sworn as the third Deputy President after 2010 constitution.
This is after High Court lifted conservatory orders barring Kithure Kindiki from being sworn in as the Deputy President.
“The applications for conservatory orders are hereby disallowed. The conservatory orders on 18th of October 2024 in Kerugoya High Court are hereby discharged,” rules the three judge bench.
Justice Eric Ogola (presiding) Freda Mugambi and Anthony Mrima found that the Constitution of Kenya has clearly delineated independent and distinct paths for the 3 arms of government. Accordingly, this court’s intervention in the matter before it is warranted.
“We are convinced and find that the current constitutional framework does not envision any scenario in which the office of the DP would remain vacant except during the brief period required to fill a vacancy,” ruled the bench.
The bench ruled that allowing the conservatory orders to stand will leave the office of the deputy president vacant.
“This court firmly holds that no court should issue orders that have the effect of suspending the operation of any provision of the constitution as such an outcome is clearly not envisioned by the document itself,” ruled the bench.
The court said impeachment process must align with the constitutional principles of fairness and justice.
Earlier today court of appeal Judges Patrick Kiage , George Odunga and Aggrey Muchelule declined to suspend the High Court proceedings after it emerged some parties were not served with the application seeking to suspend the proceedings and arrest three judge ruling.