• On Wednesday, November 6, former deputy president Rigathi Gachagua dropped an appeal application at the Court of Appeal
• Senior Counsel Paul Muite informed the judges that the application by his client had been overtaken by events
• Gachagua had earlier asked the appellant court to stop the proceedings at the High Court about conservatory orders on Kithure Kindiki’s swearing-in

Amos Khaemba, a journalist at TUKO.co.ke, brings over three years of experience covering politics and current affairs in Kenya.

Nairobi—Former deputy president Rigathi Gachagua has withdrawn an appeal he lodged at the Court of Appeal over Kithure Kindiki’s swearing-in.

Gachagua had earlier moved to the appellant court to seek orders to stop the High Court from lifting conservatory orders that had stopped his replacement and Kindiki’s swearing in as a new DP.

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However, On Wednesday, November 6, lawyer Paul Muite informed the court that his client wished to have his application dropped.

Muite told the bench consisting of judges Patrick Kiage, Aggrey Muchelule and George Odunga that the matter had been overtaken by events given Kindiki had already been sworn in.

“The impugned bench proceeded to vacate the conservatory orders in a ruling which allowed one Prof Kithure Kindiki to be sworn in as Deputy President. Our stay application is thus overtaken by events, very regrettably,” Muite said as reported by Nation.

Muite, however, said the core issue of whether Deputy Chief Justice Philomena Mwilu can empanel a bench of the High Court should proceed to conclusion.

“It is a matter of great public importance and urgency and deserves an expedited resolution. The substantive appeal is on the single issue of whether powers granted to the CJ is judicial or administrative,” he said.

The judges marked the application as withdrawn since there was no opposition to the withdrawal.

Source: TUKO.co.ke