The High Court is set to hear an application by the Attorney General (AG) and the National Assembly to lift a court order that prevented the swearing-in of Prof. Kithure Kindiki as Deputy President. The order, initially issued by a Kirinyaga court, was challenged by Solicitor General Shadrack Mose, who argues that it contradicts constitutional requirements as there should be no vacancy in the Deputy President’s office.
The National Assembly contends that the order, issued by Justice Richard Mwongo, was made without confirming if he had jurisdiction, which they claim interferes with the Senate’s impeachment powers. Advocates supporting the AG’s application warned that the order halts the Senate’s resolution, risking a constitutional crisis.
Kindiki had been approved as the Deputy President-elect after Rigathi Gachagua was impeached by the Senate on October 17. However, Gachagua’s legal team quickly moved to suspend Kindiki’s appointment until further proceedings on October 24.
In a separate case, the High Court will rule on petitions challenging the Affordable Housing Act. The Act, which imposes a 1.5% levy, has been defended by the government as a means to fund housing projects. Petitioners, including several senators, argue the levy constitutes double taxation and lacks a clear framework for informal sector workers, resulting in discrimination.
