Photo used for illustration purposes only.
According to the Eastleigh voice the Court of Appeal has denied former Deputy President Rigathi Gachagua’s request to block the High Court from making a ruling on his impeachment and the swearing-in of his replacement, Prof. Kithure Kindiki. This decision came after Gachagua’s legal team sought temporary orders to prevent the High Court from proceeding with the case that could allow Kindiki’s swearing-in.
A three-judge panel at the Court of Appeal, consisting of Justices Patrick Kiage, George Odunga, and Aggrey Muchelule, stated that no orders could be issued until next Wednesday. Senior Counsel Paul Muite, representing Gachagua, had argued for immediate temporary orders to prevent the High Court from making its final decision on whether Kindiki should be sworn in as Deputy President. However, the Court of Appeal judges decided to delay any action until they hear the case fully next week.
This means that the High Court, composed of Justices Eric Ogola, Antony Mrima, and Freda Mugambi, is now free to issue its own ruling this afternoon. If this bench lifts the conservatory orders that had been blocking Kindiki’s appointment, he could be sworn in as Deputy President within days. These conservatory orders had been put in place earlier by High Court Justice Richard Mwongo in Kerugoya, temporarily stopping Kindiki’s swearing-in after Gachagua’s impeachment.
Meanwhile, both the Independent Electoral and Boundaries Commission (IEBC) and the United Democratic Alliance (UDA) have stated that they were not served in connection with Gachagua’s application. This could complicate the case further, as both entities have a stake in the matter but had not been formally notified of the application.
The political scene has been tense since Gachagua’s ousting, with multiple legal battles unfolding over his replacement. UDA has already announced plans to replace him as the party’s deputy leader, further confirming the party’s support for Kindiki. Gachagua’s legal team is now focusing on upholding the order that prevents Kindiki’s swearing-in. However, if the High Court rules against him, Kindiki’s appointment as Deputy President could proceed.
As this legal battle unfolds, all eyes are now on the High Court’s ruling this afternoon and the Court of Appeal’s final decision expected next week.
Link
https://x.com/Eastleighvoice/status/1851925390681412024?t=Jr2mRwIB0CyjsqIu9mRKqA&s=19
