CJ Koome to Handle Kindiki DP Appointment Dispute

The ongoing legal challenge against Professor Kithure Kindiki's appointment as Kenya's Deputy President has entered a pivotal phase, following the High Court's decision to refer the case to Chief Justice Martha Koome.

She is responsible for constituting a bench to handle the matter, a move underscored by Justice Bahati Mwamuye's recognition of the complexities and significance inherent in the petition filed by activist Joseph Enoch Aura. Aura's petition, which spans 215 pages and was lodged in November at the Milimani High Court, contends that Kindiki's appointment as a successor to Rigathi Gachagua is unconstitutional.

"I hereby certify the amended petition as such. I also note that it delves into issues pending before a three-judge bench of the High Court. Consequently, this file is to be placed before the CJ for empanelment," Justice Bahati Mwamuye stated.

Represented by lawyer Harrison Kinyanjui, the petition raises critical points, most notably the absence of an official Gazette notice announcing Kindiki's departure from his previous role. Additionally, it highlights concerns regarding Kindiki's concurrent position as Interior Cabinet Secretary, which allegedly breaches Article 137(2)(b) of the Kenyan Constitution.

This article prohibits anyone from serving as Deputy President while simultaneously holding another public office. The petition further critiques the appointment of Musalia Mudavadi as the acting Interior CS, asserting that this decision was unlawful.

Mudavadi's appointment, which was enacted via an executive order by President William Ruto, and his declaration of a public holiday to facilitate Kindiki's swearing-in, are also contested on the grounds of violating Article 10 of the Constitution, which mandates public engagement and adherence to legal procedures. The cabinet's restructuring in light of Kindiki's appointment has significantly impacted key leadership roles.

While Mudavadi briefly assumed the position of acting Interior CS, he continues to serve as Prime CS. Kipchumba Murkomen has since taken over the Interior portfolio, a role that previously encompassed Youth Affairs, Creative Economy, and Sports.