Photo Courtesy; President William Ruto amd Deputy President elect Kindiki Kithure alongside top government officials.
According to available sources of news, Senator Tom Ojienda a top ally from Orange Democratic Movement (ODM) has shared his thoughts following a High Court ruling that halted the swearing-in of Kithure Kindiki as Deputy President. This decision came after ousted Deputy President Rigathi Gachagua filed a petition to challenge Kindiki’s appointment as the new Deputy President of the Republic of Kenya which was his position.
The High Court led by Judge Chacha Mwita, yesterday issued orders preventing Kindiki from taking over the role. This ruling has sparked discussions about the extent of judicial power in political matters, particularly regarding the impeachment process of presidential and deputy presidential officials.
Senator Ojienda has emphasized the principle known as the “political question doctrine.” He explained that this doctrine suggests that courts should not intervene in matters related to presidential impeachments. According to Ojienda, the Constitution clearly states that decisions made by Parliament specifically the National Assembly and the Senate are final in such cases. He has cited that Article 144 and others underline that the judiciary cannot adjudicate over presidential impeachments.
Ojienda’s comments reflects a broader debate about the separation of powers between the judiciary and the legislature. His position indicates a belief that political issues, especially those involving high-ranking officials, should be resolved through political means rather than judicial intervention.
The situation has created a stir within political circles, with many watching closely to see how this will affect the dynamics of the current administration. As the political landscape evolves, the implications of this ruling could resonate throughout Kenya’s governance and legal framework.
In summary, the High Court’s decision to block Kindiki’s swearing-in has led to significant discussions about the roles of the judiciary and Parliament in political matters, with Senator Ojienda advocating for legislative authority in impeachment cases.
Source.
Link.
https://x.com/ProfOjiendaTom/status/1847664535794053239?t=S5t9gbeawA_K-LyX0AfaYg&s=19
