Nancy Odindo, a journalist at TUKO.co.ke, brings more than three years of experience covering politics, news, and feature stories across digital and print media in Kenya.
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A non-governmental organization (NGO) that challenged the appointment of CS Kithure Kindiki as the nominee to replace Rigathi Gachagua as deputy president has now appealed to Chief Justice Martha Koome, requesting their case be heard by an uneven bench of judges.
Source: Twitter
In an exclusive interview with TUKO.co.ke, Sheria Mtaani na Shadrack Wambui expressed frustration, stating that despite Justice Lawrence Mugambi acknowledging their petition raised significant legal questions, the case was not called for hearing.
The NGO, represented by the law firm Danstan Omari and Associates, urged Chief Justice Martha Koome to urgently empanel a bench to prevent further constitutional breaches.
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They noted that other parties who filed cases on the same day had already been assigned a bench.
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“The above-referenced petition was not called out. Even after probing further, it was clear that the petition referenced above had not been given any consideration so much, unlike other petitions filed on the same day. Strangely, files from Kerugoya Law Courts that were filed on the same day, October 18, 2024, got a bench, before the Sheria Mtaani file in Nairobi,” the letter states in part.
Why did Sheria Mtaani challenge Kindiki’s nomination?
In their petition, Sheria Mtaani argued that President William Ruto’s nomination of Kindiki was unconstitutional, citing that the Independent Electoral and Boundaries Commission (IEBC) was not properly constituted to validate the nomination.
“No party shall stand prejudiced if the orders sought herein are granted as there is an urgent need to return to status quo to allow this court to thoroughly investigate the constitutional violations cited herein, including investigating whether it is possible under the law for the president to nominate a replacement to the office of the deputy president of Kenya in the glaring absence of the commissioners of the Independent Electoral and Boundaries Commission (IEBC) who have the singular duty of approving such nomination under article 82 and 88 of the Constitution of Kenya,” the petition read.
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The group is seeking urgent court orders to stop the implementation of a Gazette Notice issued by Senate Speaker Amason Kingi, which officially communicated the vacancy in the Office of the Deputy President.
Additionally, the lobby group warned that allowing cases to be heard in instalments could lead to dissatisfaction among litigants.
“Thus, to allow litigation by instalment in allowing the three petitions before Justice Mrima, Justice Ogola and Lady Justice Freda Mugambi would not be an economical use of judicial time and may result in a feeling of discontentment among other persons ultimately casting as persons to your office”, the letter read in part.
Source: TUKO.co.ke
