Busia Senator Okiya Omtatah has filed a petition in court challenging the appointment of Kithure Kindiki as Deputy President. The petition cites several constitutional grounds the senator believes have been flouted
Omtata primarily says that the lack of public participation in the process meant that the nomination of Kindiki does not stand since the position of Deputy President is an elective post and hence should be subject to approval of the voting populace
Equally, the petition cites that at the time of his nomination, Kindiki was holding a Cabinet Secretary position, while the constitution requires a nominee for Deputy President to resign from any current position at least three months prior
One of the qualifications for holding office as a state officer is to completely alienate himself from holding any position in a political party or even being a member.
Kindiki is not a member of the ruling UDA party by virtue of being a cabinet secretary, and as such cannot be nominated to the position of deputy president
The petition is set for adjudication this week
