An activist, Joseph Enock Aura, has filed a petition at the Milimani High Court seeking to overturn the appointment of Prof. Kithure Kindiki as Kenya’s Deputy President.
Aura’s petition, spanning 215 pages, argues that the process leading up to Kindiki’s swearing-in last week was unconstitutional and violated multiple provisions in Kenya’s legal framework.
Aura, represented by lawyer Harrison Kinyanjui, asserts that Kindiki’s installation violated Article 137(2)(b) of the Kenyan Constitution.
According to this law, no individual should assume the role of Deputy President while holding another public office.
However, Aura claims that Kindiki remains the Cabinet Secretary (CS) for the Ministry of Interior, with no formal gazette notice declaring his resignation from this position.
The activist’s argument hinges on the contention that Kindiki’s continued role as Interior CS contravenes legal procedures and renders his new appointment invalid.
Aura further alleges that the process surrounding Kindiki’s appointment lacked transparency, which undermines the principles of openness and accountability established under Article 10 of the Constitution.
According to Aura, the swearing-in was conducted without public engagement or legal formality, thus constituting a violation of the Constitution’s guidelines on transparency.
Aura’s petition also highlights additional legal oversights, claiming that the Deputy President’s swearing-in ceremony should have involved the declaration of a public holiday. This omission, he asserts, undermines the constitutional legitimacy of the process.
Adding to the legal challenge, Aura raises concerns about Musalia Mudavadi, the current Interior CS, whose position may also face scrutiny under similar constitutional requirements.
The court has set a response deadline of November 12 for Kindiki, President William Ruto-led regime, Attorney General Dorcas Oduor, and other relevant parties.
Justice Bahati Mwamuye scheduled the next hearing for December 16, when the court will consider Aura’s arguments against Kindiki’s swearing-in as Deputy President.
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