Court Greenlights Kindiki’s Swearing-In as New Deputy President, Dashing Gachagua’s Hopes.
In a decisive ruling, the court has cleared the way for Prof. Kithure Kindiki to be sworn in as the new Deputy President, marking a significant setback for the impeached Deputy President Rigathi Gachagua. The judges lifted a conservatory order that had blocked Kindiki’s appointment, emphasizing the need to fill the vacancy in the Deputy President’s office for the sake of public interest.
Freda Mugambi delivered their verdict, stating that keeping the Deputy President’s office vacant could undermine constitutional provisions and public interest. A Kerugoya Court issued the original conservatory order on October 18, just after President William Ruto nominated Kindiki to replace Gachagua, who faced impeachment on October 17.
“The court disallowed the applications for conservatory orders. The judges discharged the conservatory orders issued on October 18, 2024, in Kerugoya High Court,” the judges stated. They emphasized that extending such orders would leave the Deputy President’s role unfilled, noting that only the Deputy President can perform the functions of that office.
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The court pointed out that, under the current constitutional framework established in 2010, the President, the Speaker of the National Assembly, or anyone else cannot assume the role of Deputy President. Consequently, the judges determined that an extended vacancy would be untenable. They concluded, “The current constitutional framework does not envision any scenario in which the office of the Deputy President can remain vacant except during the brief period required to fill a vacancy.”
The judges also indicated that maintaining the conservatory orders would suspend essential constitutional functions exclusive to the Deputy President, thereby constituting a violation of the Constitution.
The court scheduled a mention for the petition contesting Gachagua’s impeachment on November 7, granting the petitioners leave to appeal and promising an expedited hearing. Before issuing their decision, the court confirmed its role in reviewing impeachment processes and its jurisdiction over the matter. The bench remarked, “This court’s intervention in the matter before it is warranted,” reinforcing its authority in procedural reviews.
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This ruling represented a second blow to Gachagua that day, as the Court of Appeal denied his request for temporary orders to suspend proceedings before the Ogola-led bench. Presiding Judge Patrick Kiage, along with Justices Aggrey Muchelule and George Odunga, rejected a last-minute plea from Senior Counsel Paul Muite, indicating the matter’s urgency and public interest.
Justice Kiage highlighted that, despite other commitments, the bench would convene on Wednesday to discuss the submissions related to the case. The Court of Appeal had previously suspended its hearing of Gachagua’s appeal against a High Court decision regarding Deputy Chief Justice Philomena Mwilu’s authority.
The court’s decision to allow Prof. Kithure Kindiki to be sworn in as Deputy President underscores the urgency of filling this vital government position. With Gachagua facing mounting legal challenges, the focus now shifts to the upcoming hearings and the implications for Kenya’s political landscape.
Court Greenlights Kindiki’s Swearing-In as New Deputy President, Dashing Gachagua’s Hopes.
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