Activist Joseph Enoch Aura has moved to court seeking to quash the appointment of Kithure Kindiki as Deputy President of Kenya.
The activist filed a 215-page petition in the Milimani High Court arguing that Kindiki’s appointment and subsequent ascension into the Office of the Deputy President of the Republic of Kenya was unconstitutional.
The activist, through lawyer Harrison Kinyanjui who confirmed the suit, challenged the legality of Kindiki’s appointment.
At the core of the petition is the claim that Kindiki is still serving as Interior Cabinet Secretary since no official gazette notice was issued to announce he had vacated the position.
Activist Harrison argued that Kindiki’s appointment contravened the Kenyan Constitution which stipulates qualifications and disqualifications for nomination as president or deputy president among other allegations.
“Kindiki’s appointment goes against Article 137 which states that no person can be appointed as deputy president if they are a public officer or acting in any state or other public office. Kindiki is still recognised as Interior cabinet secretary as no gazette notice was issued notifying Kenyans of a vacancy in the position. President Ruto appointed Musalia Mudavadi as acting Interior CS through Executive Order Number 5 which was established on July 5, 2024. The main premise of the Executive Order was to facilitate the formation of a Committee on Public Health. So this renders Mudavadi’s appointment null and void.”
In addition, the activist contended that the process behind Kindiki’s appointment lacked transparency since it did not have the required public engagement and did not go through the required legal procedures.
The case will be heard on December 16, 2024.
