Traditionally, the Chief Justice or her deputy, Philomena Mwilu, would oversee such a ceremony, but this process has been complicated by recent court rulings.
The High Courts in Nairobi and Kerugoya issued injunctions that prevent the swearing-in of Kindiki, creating uncertainty about the event, which was expected to take place on Saturday, October 19.
These orders were delivered to the Judiciary’s Chief Registrar, Winfred Bonaya, by Rigathi Gachagua’s legal team.
Gachagua, who was recently impeached, claims that the impeachment process was unfair and filed a petition to stop Kindiki’s appointment.
According to legal experts, the court order prohibits the swearing-in of Kindiki until the matter is heard and determined.
Evans Ogada, an Advocate of the High Court, explained that under Articles 2(3) and 3(2) of the Constitution, no swearing-in can legally take place while the injunction is active.
To proceed otherwise would be a violation of the law, putting both Koome and the Judiciary in a tight spot.
Justice Chacha Mwita, who issued the stay order, emphasized that any disobedience would lead to legal consequences for those responsible.
The case will be mentioned again on October 24, at which point further legal directions may be given. Until then, the fate of Kindiki’s appointment remains uncertain.
Meanwhile, Moses Kuria, State House Chief of Economic Advisors, hinted that the swearing-in might still take place as planned, despite the court order.
This has raised questions about how the government intends to move forward while respecting the law.
The government has two choices: either halt the swearing-in ceremony until the courts provide further guidance, or seek additional legal orders to temporarily suspend the injunction.
All eyes are now on Chief Justice Koome and her next move, as she must balance her constitutional duty with the court’s directives.
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