- In his petition, activist Joseph Aura claims that the appointment of Deputy President Kithure Kindiki was not procedural according to the law
- According to him, there was no legally declared public holiday for the swearing-in ceremony of the vice president at the Kenyatta International Conference Center (KICC), Nairobi
- Judge Bahati Mwamuye observed that Aura's case raised serious issues to present to the Supreme Court formed by Chief Justice Martha Koome
Nairobi – The Supreme Court has sent a request for a Deputy President Kithur Kindiki he should be removed from the office of Chief Justice Martha Koome to show mercy.
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Judge Luck Mwamuye said that the case filed by activist Enock Aura and lawyer Harrison Kinyanjui raises serious issues about the law.
Why the activist opposes Kithure Kindiki to take the Office of the Deputy President
In her 215-page petition, Aura says that Kindiki's appointment was shrouded in illegality.
The judge said he was convinced that the case raised serious issues to give the court's decision.
“After reading the amended petition dated December 18, 2024, I am satisfied that the matter also raises serious and substantial issues of constitutional law within the meaning of Article 165, and I confirm the amended petition as such. issues pending before a bench of 3 judges – 3 of Supreme Court Therefore, this file should be placed before the Chief Justice for understanding,” Mwamuye directed.
The new instructions emerged after Aura, through lawyer Kinyanjui, claimed that strict adherence to constitutional procedures must be considered in the selection of high-level government officials.
In court papers, Kinyanjui says that the action that led to Kindiki being sworn in on Friday, November 1, 2024, was unconstitutional.
He told the court that Kindiki was illegally appointed as Deputy President and that his appointment to the office violated important provisions of the Constitution of Kenya.
“The entire “swearing-in” ceremony of the 10th Respondent (Prof. Kindiki) held on 1 November 2024 under the auspices of the President and Chief Justice of Kenya is null and void,” he said in court papers.
Why Aura wanted the court to cancel Kindiki's swearing-in
The activist, while submitting his application in November last year, requested several declarations from the court, including the appointment of Kindiki as the vice president is against the constitution and that he should be prevented from taking any power or responsibilities related to that office.
He claimed that Kindiki did not come to Parliament after being appointed on October 18 and that no report was ever issued by Parliament as required by the Public Appointments (Parliamentary Consent) Act.
He also called for a declaration that the National Assembly approve Kindiki's appointment as illegal, due to procedural flaws and lack of public participation, a fundamental requirement under the constitution.
The petition, which received great attention, emphasized the importance of transparency, the participation of citizens and serious consideration of constitutional procedures in the selection of high-level government officials.
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Source: TUKO.co.ke
