Court in Kitui declines to hear petition against Kindiki pick as DP

The High Court in Kitui has declined to hear a petition filed by two Wiper party MCAs challenging the nomination of Prof Kithure Kindiki as Deputy President.

Instead, Justice Robert Limo has referred them to the three-judge bench handling impeached Deputy President Rigathi Gachagua's other related cases in Nairobi.

This, he said, is to avoid the risk of conflicting orders being made in the related cases.

The case was filed by Wiper MCAs Cyrus Kisavi Musyoka, nominated MCA Priscilla Makumi and Antony Mukula Mutua. 

The petitioners sued President William Ruto alongside Speakers of both the National Assembly and the Senate, among other defendants.

Attorney-General Dorcas Oduor, who is named in the suit as the seventh respondent, opposed the application on grounds that it is an abuse of court process and a waste of judicial time.

"This application is sub judice as there are similar proceedings ongoing in Nairobi," the AG said in her response through Principal State Counsel Lydia Lung’u.

Justice Limo said he concurred with the AG since the petition raises issues similar to the ones pending before the Nairobi Constitution and Human Rights Division of the High Court. 

"In view of the urgency of the matter and in order to address the terms raised by the petitioners, I will direct that this matter be transferred forthwith and it be mentioned on November 1, 2024 before the Presiding Judge of the Division for further orders/directions" the judge ruled.