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 Gachagua, 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 were free to appeal against the decision.
Mr Gachagua was removed from office on October 17 and Prof Kindiki nominated by President William Ruto the following day, and approved by National Assembly.
The impeached DP and other petitioners, however, rushed to court and obtained orders blocking his replacement pending the determination of the cases.
Justice Richard Mwongo, sitting in Kerugoya then issued an order blocking the designated DP from being sworn in.
Mr Gachagua argued that he was denied the right to fair hearing and that the public participation conducted by Parliament did not meet the constitutional threshold.
Attorney-General Dorcas Oduor, the Senate, and the National Assembly faulted the orders, arguing 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.
Court of Appeal
Earlier Thursday, Mr Gachagua lost a bid to stop the delivery of the ruling on Prof Kindiki’s swearing-in after the Court of Appeal declined to suspend the three-judge bench appointed by Deputy Chief Justice Philomena Mwilu as requested by the impeached DP.
Court of Appeal Judges Patrick Kiage, Aggrey Muchelule and George Odunga directed the matter filed by Mr Gachagua be heard virtually on November 6, 2024.
"We cannot give orders at this stage," ruled the judges.
Mr Gachagua had moved to the Court of Appeal last week seeking orders to declare the bench, comprising justices Mrima, Ogola and Mugambi, appointed by Justice Mwilu unconstitutional.
In their decision, the appellate judges said there was a matter listed before the three-judge bench awaiting to deliver a ruling in a case where Mr Gachagua says Prof Kindiki is not eligible to be appointed as DP.
