The High Court in Nairobi has recently lifted the conservatory orders that stopped the appointment and swearing-in of Kithure Kindiki as the deputy president replacing Rigathi Gachagua.
The three-judge bench noted that staying the conservatory orders would immensely hamper the operations of the government as mandated by the constitution.
According to Justice Anthony Mrima, the public interest and constitutional provision demanded that the office of the deputy president should not remain vacant.
“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. 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.’’
The ruling comes after lawyers representing the National Assembly led by former Attorney General Githu Muigai urged the three-judge bench to lift the conservatory orders to pave the way for a swearing-in.
On October 11, the High Courts in Nairobi and Kerugoya had issued conservatory orders stopping the appointment and swearing-in of Kithure Kindiki as the DP.
