A 3-judge bench of the High Court in Nairobi on Thursday 31 dismissed the conservatory orders that bared Prof Kithure Kindiki’s appointment and swearing-in as the New deputy president replacing impeached Rigathi Gachagua.
The bench comprising of Justices Antony Murima, Friday Mugambi and Eric Ogolla argued that lifting the conservatory orders issued on October 11, by the High of Court of Kerugoya, would not interfere with the court proceedings regarding the case of impeachment of Rigathi Gachagua.
“The applications for conservatory orders are hereby disallowed. The conservatory orders on October 18, 2024, in Kerugoya High Court are hereby discharged and set aside,” Justice Eric Ogolla pronounced.
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Justice Antony Murima on his side, argued that the court is fully convinced to 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.
Earlier, before the end of he previous week, the lawyers representing the National Assembly (NA) requested the courts to dismiss the conservatory orders that prevented the swearing-in of Prof Kithure Kindiki as the new Deputy President, arguing through, Githu Muigai that the office of the deputy president was vacant and that the conservatory orders issued by the High of Kerugoya had been overtaken by events.
The verdict issued by the 3-judge bench on October 31, is a big blow for Gachagua’s side whose fate remains lying on a very thin thread following Court of Appeal’s ruling declining his request to stop three-judge bench formed by Deputy Chief Justice Philomena Mwilu from proceeding with his case