Kindiki to be sworn in as DP on Friday, Ruto names Mudavadi Acting Interior CS
Musalia Mudavadi and Pof Kithure Kindiki.
Prof Kithure Kindiki will be sworn in as Deputy President on Friday (November 1, 2024). The ceremony will be held at KICC from 10am, Secretary to Cabinet Mercy Wanjau confirmed on Thursday evening.
President William Ruto has appointed Prime Cabinet Secretary Musalia Mudavadi as Acting Interior Cabinet Secretary, Prof Kindiki's current docket.
The gazette notice announcing the swearing-in came just hours after the High Court lifted an order stopping Prof Kindiki's ascension to the DP post.
Quick succession of gazette notices
Minutes after gazetting the swearing-in date and President Ruto appointing the Acting Interior CS, Mr Mudavadi flexed his new powers by issuing a gazette notice declaring Friday November 1 a public holiday. Effectively, this means no petition can be filed to stop the ceremony as all judges will be off-duty.
In their decision, Justices Anthony Mrima, Eric Ogola and Fredah Mugambi cited the need for continuity of the deputy president’s office.
"This court notes that the office of the DP cannot remain vacant and therefore the court will be on the side of the Constitution, which stipulates that there must be continuity," the judges said.
They noted that the case holds significant public interest and were committed to “an expeditious determination to the petitions”.
Impeached Deputy President Rigathi Gachagua was removed from office on October 17 and Prof Kindiki nominated by President Ruto the following day. He was approved by the National Assembly shortly after.
Roller-coaster process
The ascension of Kindiki to DP will be the climax of a roller-coaster process that started with an impeachment motion tabled by Kibwezi West MP Mwengi Mutuse at the National Assembly. Within a month, Rigathi Gachagua would find himself quickly tried and ousted at both Houses.
A total of 232 MPs voted to approve Mr Kindiki to fill the position, paving the way for the President to be notified of the approval by Speaker Moses Wetang’ula.
Mr Gachagua's lawyers began a court process, which is still ongoing, but the decision of the High Court today may have spelled the beginning of the end of the judicial part of his journey.
But even as he fights to keep his job, Head of Public Service Felix Koskei had by Thursday night appointed the assumption committee that will prepare Prof Kindiki's swearing-in.
The 21-member committee comprises Attorney-General Dorcas Oduor, Chief Registrar of the Judiciary Winfridah Mokaya, Citizen Services PS Julius Bitok, Defence PS Patrick Mariru and Interior PS Raymond Omollo. Other members include Chris Kiptoo (National Treasury), Korir Singoei (Foreign Affairs), Edward Kisiang'ani (Information and Broadcasting), Idris Dokota (Cabinet Affairs), Teresiah Mbaika (Devolution) and Ummi Bashir (Culture).
The rest are General Charles Kahariri, Chief of Kenya Defence Forces; Noordin Haji, Director-General of the National Intelligence Service; Douglas Kanja (Inspector-General of the National Police Service); Arthur Osiya, Principal Administrative Secretary, Executive Office of the President; Samuel Njoroge, Clerk, National Assembly and his Senate counterpart Jeremiah Nyengenye as well as Hassan Omar (UDA secretary general), Kabale Tache and Bernice Sialal.
By Thursday evening, state had circulated photos of the assumption committee meeting hours ahead of the big day.
According to a gazette notice by the Secretary to the Cabinet Mercy Wanjau, the ceremony will begin at 10am.
Section 15 of the Assumption of the Office of the President law speaks to that of the DP elect.
“The Deputy President-elect shall take and subscribe to the oath or affirmation of allegiance and oath or affirmation for the execution of the functions of office in accordance with Article 148 of the Constitution,” reads the Act.
The Act also stipulates that The oath or affirmation shall be administered not earlier than 10am and not later than 2pm, save that the Deputy Chief Justice shall undertake the task only in circumstances where the Chief Justice is incapacitated.
This subsidiary law read alongside Article 148 of the constitution provides: “The swearing in of the Deputy President-elect shall be before the Chief Justice or, in the absence of the Chief Justice, the Deputy Chief Justice and in public.
Ruto in Burundi
President Ruto is expected back in the country on Thursday evening from a one-day official visit to Burundi, ahead of the long-awaited ceremony.
The President had left to attend the 23rd Summit of the Common Market for Eastern and Southern Africa (Comesa) Heads of State and government.
