Friday, November 8, 2024 – Deputy President Kithure Kindiki now faces the risk of losing his seat after a petition was filed seeking his removal from office.
An activist by the name of Joseph
Enoch Aura filed a 215-page petition in the Milimani High Court seeking to
quash the appointment of Kithure Kindiki as Deputy President of Kenya.
He argued 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, challenged the legality of Kindiki’s appointment on
multiple fronts.
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.
Harrison argued that Kindiki’s
appointment contravened Article 137(2)(b) of the Kenyan Constitution which
stipulates qualifications and disqualifications for nomination as president or
deputy president.
The lawyer further
claimed that the subsequent appointment of Musalia Mudavadi as acting
Interior CS was unconstitutional, noting that his appointment through an
executive order by President Ruto went against the law.
Consequently, Harrison
reiterated that the public holiday issued by Mudavadi for Kindiki’s swearing-in
ceremony in his acting capacity as Interior CS could not hold.
The lawyer said that the gazette
notice issued by Mudavadi notifying Kenyans of the holiday was against Section
3 of the Public Holidays Act.
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.
He noted that the events leading
up to Kindiki’s ascension to the DP position were conducted secretly, and
violated principles of transparency enshrined in Article 10 of the
Constitution.
The case will be heard on
December 16, 2024.
The Kenyan DAILY POST
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