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Gachagua loses bid to stop ruling on Kindiki oath of office

Rigathi Gachagua and Paul Muite

Impeached Deputy President Rigathi Gachagua with Senior Counsel Paul Muite at the Milimani High Court on October 22, 2024.

Photo credit: Wilfred Nyangaresi | Nation Media Group

Impeached Deputy President Rigathi Gachagua has lost a bid to stop the delivery of the ruling on Prof Kithure Kindiki’s swearing-in as Kenya’s new deputy president.

This is after the Court of Appeal on Thursday declined to suspend a three-judge bench appointed by Deputy Chief Justice Philomena Mwilu as requested by Mr Gachagua.

The High Court bench comprising Justices Anthony Mrima, Eric Ogola and Fredah Mugambi is scheduled to give their decision Prof Kindiki’s oath of office on Thursday from 2.30pm.

Court of appeal Judges Patrick Kiage, Aggrey Muchelule and George Odunga directed the matter filed by Mr Gachagua be heard virtually on November 6, 2024.

"We cannot give orders at this stage," ruled the judges.

Mr Gachagua had moved to the Court of Appeal last week seeking orders to declare the bench appointed by Justice Mwilu as unconstitutional.

In their decision, the appellate judges said there was a matter listed before the three-judge bench awaiting to deliver a ruling in a case where Mr Gachagua says Prof Kindiki is not eligible to be appointed as DP.

More follows...