A petition has been filed in the High Court of Kenya challenging the appointment of Kithure Kindiki as Deputy President. The petitioner, Joseph Enoch Aura, claims that the parliamentary proceedings that led to Kindiki's approval were chaotic and unconstitutional. Aura's lawyer, Harrison Kinyanjui, argues that the voting process was flawed, with MPs not following the required secret ballot procedure.
The petition specifically questions the voting process during the October 18, 2024 proceedings, where Kindiki's nomination was approved following the impeachment of former Deputy President Rigathi Gachagua. Kinyanjui points out that Kikuyu MP Kimani Ichung'wah merely responded "Yes" when his name was called, which does not comply with Standing Order 70(3). This order requires members to explicitly state either "I vote Yes" or "I vote No".
The petition also challenges the circumstances surrounding Kindiki's swearing-in on November 1, 2024. Kinyanjui argues that the process violated the Public Holidays Act and constitutional requirements. He claims that President William Ruto, who was attending a COMESA Heads of State meeting in Burundi, could not lawfully have appointed Musalia Mudavadi as Acting Interior Cabinet Secretary to facilitate the arrangements.
Furthermore, the petition raises concerns about Kindiki's formal resignation as Interior Cabinet Secretary before assuming the Deputy President's office. Kinyanjui insists that no official Gazette notice had been published to confirm his resignation. This, he argues, raises questions about the legality of Kindiki's appointment as Deputy President.
Kinyanjui described Kindiki as an "imposter" in office, arguing that he was sworn in without following the required legal procedures. He urged the judges to declare Kindiki's nomination and approval by Parliament unconstitutional, null and void. The lawyer warned that allowing the process to stand would set a dangerous precedent and undermine the supremacy of the Constitution.
The petition challenges the legality of Kindiki's assumption of office following Gachagua's impeachment. Aura is asking the court to determine whether Kindiki's nomination, parliamentary approval, and subsequent swearing-in complied with the Constitution. The court is expected to make a ruling on the matter.
The case is being heard by a three-judge bench, comprising Justices Eric Ogolla, Winfrida Mugambi, and Anthony Mwita. The judges will determine whether Kindiki's appointment was lawful and constitutional.
Key points
- The petition argues that the parliamentary proceedings were chaotic and unconstitutional.
- The petitioner claims that Kindiki was sworn in as an "imposter" without following the required legal procedures.
- The court will determine whether Kindiki's nomination, parliamentary approval, and swearing-in complied with the Constitution.
