The High Court in Nairobi lifted the conservatory orders that had halted the appointment and swearing-in of Kithure Kindiki as deputy president, succeeding Rigathi Gachagua.
The three-judge panel, comprising Justices Eric Ogolla, Anthony Mrima, and Fridah Mugambi, stated that maintaining the conservatory orders would significantly obstruct governmental functions as outlined in the constitution.
Justice Anthony Mrima highlighted that, given public interest and constitutional requirements, it was essential that the office of the deputy president not remain unfilled.
“We are convinced that the current constitutional framework does not permit the office of the DP to remain vacant, except for a brief period necessary to fill a vacancy,” said Justice Mrima.
The decision was reached as part of a hearing on an application filed by former Deputy President Rigathi Gachagua’s legal team.
Justice Eric Ogolla announced, “The applications for conservatory orders are hereby dismissed. The conservatory orders issued on October 18, 2024, by the Kerugoya High Court are now discharged and set aside.”
The ruling followed an appeal from lawyers representing the National Assembly, led by former Attorney General Githu Muigai, urging the court to clear the way for the swearing-in process.
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