Court lifts orders barring Kindiki’s swearing-in

Mrima said public interest demanded that the office of the deputy president not remain vacant.

He said the three-judge bench had chosen to abide by the calling that everyone has the obligation to respect, uphold and respect the Constitution.

“We are convinced and find that the current constitutional framework does not envision any scenario in which the office of the Deputy President would remain vacant except during the brief period required to fill a vacancy,” Justice Anthony Mrima said.

The three-judge bench is led by Justice Eric Ogola and is comprised of Mrima and Justice Fredah Mugambi.

David Munyi Mathenge and Peter Gichobi Kamotho sought the orders after the National Assembly approved the nomination of Kindiki as the new Deputy President, a day after the Senate voted to impeach Rigathi Gachagua.

Mathenge and Kamotho have sued the Senate, the Speaker of the Senate, and two others.