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End of the road for Gachagua? Court clears path for swearing-in of Kindiki as DP

By Richard Munguti 

UUPDATE: Blow to Gachagua as High Court declines to suspend its orders allowing swearing-in of Prof Kindiki as DP; Judges Ogola, Mrima and Mugambi say appeals court seized of the matter.

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Professor Kithure Kindiki is on the cusp of assuming the office of the Deputy President of Kenya following the recent impeachment of Rigathi Gachagua by both Houses of Parliament.

This is after the High Court on Thursday lifted the orders it has issued blocking the swearing-in of Prof Kindiki pending hearing and determination of the case filed by Mr Gchagua, challenging his ouster.

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”. 

“The conservatory orders issued on October 18 in Kerugoya are hereby discharged,” ruled the judges, adding that Mr Gachagua and other petitioners are free to appeal the decision.

Mr Gachagua was removed from office on October 17 and Prof Kindiki nominated by President William Ruto the following day. Prof Kindiki was approved by the National Assembly.

The impeached DP and other petitioners, however, rushed to court and obtained orders blocking his replacement pending the determination of the ouster cases.

Justice Richard Mwongo in Kerugoya had issued an order blocking Prof Kindiki from being sworn in as DP. But Attorney-General Dorcas Oduor faulted the orders on grounds that they were final in nature with far-reaching implications that could plunge the country into a constitutional crisis.

The AG argued that there was no substantive deputy president in office, yet the Constitution does not envisage a vacuum in the office.



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