Kithure Kindiki To Be Sworn In As Deputy President After 3-Judge Bench Makes Ruling

This order now paves way for the swearing in of Kindiki during a ceremony to proceed.

Marvin Chege Marvin Chege
Oct 31, 2024 - 17:53 Updated: Oct 31, 2024 - 18:19
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Kithure Kindiki To Be Sworn In As Deputy President After 3-Judge Bench Makes Ruling
Kithure Kindiki taking oath of office as Interior Cabinet Secretary. /PCS

Kithure Kindiki's wait to be sworn in as the next Deputy President of the Republic of Kenya, replacing Rigathi Gachagua, is officially over. 

This is after the High Court in Nairobi on Thursday lifted the conservatory orders that stopped Kindiki's appointment and swearing-in as the newest second in command.

The three-judge bench consisting of Justices Eric Ogolla, Anthony Mrima, and Fridah Mugambi noted that lifting the conservatory orders would not have an impactful effect on the operations of the court and that staying the orders even further would immensely hamper the operations of the government as mandated by the constitution.

According to Justice Anthony Mrima, the public interest and constitutional provision demanded that the office of the deputy president should not remain vacant.

High Court Judges Eric Ogolla (centre) Anthony Mrima and Frida Mugambi. /FILE

"We are convinced and find that the current constitutional framework does not envision any scenario in which the office of the DP would remain vacant except during the brief period required to fill a vacancy," noted Justice Anthony Mrima.

"The applications for conservatory orders are hereby disallowed. The conservatory orders on October 18, 2024, in Kerugoya High Court are hereby discharged and set aside," Justice Eric Ogolla pronounced.

The ruling comes after lawyers representing the National Assembly led by former Attorney General Githu Muigai urged the three-judge bench to lift the conservatory orders to pave the way for a swearing-in.

While addressing the court, the lawyer argued that the office of the deputy president was vacant and that the conservatory order had been overtaken by events.

This order now paves the way for the swearing-in of Kindiki during a ceremony to proceed. Kindiki, who will now have to relinquish his role as the Cabinet Secretary for the Ministry of Interior and National Administration, was barred by the High Court from taking up the Deputy President's office.

The court in Kerugoya issued the conservatory orders following a suit filed by David Mathenge and Peter Kamotho who challenged the Senate's decision to impeach Rigathi Gachagua from office.

Rigathi Gachagua and Kithure Kindiki at a past event. /FILE

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