NAIROBI, Kenya, Oct 31 – Deputy President-Designate Kithure Kindiki will be sworn in on Friday following the lifting of conservatory orders that had restrained his assuming to the role following Rigathi Gachagua’s impeachment.
In a gazette notice issued Thursday, Mercy Wanjau, Chairperson of the Assumption of the Office of Deputy President Committee, announced that Kindiki will take the oath of office at the Kenyatta International Convention Centre (KICC) in Nairobi from 10:00 a.m.
“It is notified for the general information of the public that the swearing-in ceremony of the Deputy President-designate shall take place on Friday, 1st November, 2024, at the Kenyatta International Convention Centre (KICC), in Nairobi City County, from 10:00 O’clock,” read the Gazette notice dated October 31.
Wanjau gazetted the notification following a meeting of the Assumption of Office Committee mandated by Head of Public Service Felix Koskei.
Justices Eric Ogola, Anthony Mrima, and Dr. Freda Mugambi cleared the hurdle on Kindiki’s path after ruling on Thursday that a prolonged vacancy in the Office of the Deputy President would suspend sections of the Constitution, which would be against public interest.
A Kerugoya Court had issued the conservatory order blocking Kindiki’s swearing-in on October 18, shortly after President William Ruto nominated the Interior Cabinet Secretary to replace Gachagua, who was impeached on October 17.
“The applications for conservatory orders are hereby disallowed. The conservatory orders issued on October 18, 2024, in Kerugoya High Court are hereby discharged,” the bench ruled.
Vacant office
The bench noted that an extension of conservatory orders would leave the office vacant since the orders did not imply Gachagua’s reinstatement as Deputy President.
Led by Justice Ogola, the bench held that under Kenya’s post-2010 Constitution, the Deputy President’s functions cannot be assumed by the President, the Speaker of the National Assembly, or any other official, making an extended vacancy untenable.
“We are convinced that the current constitutional framework does not envision any scenario in which the office of the Deputy President would remain vacant except during the brief period required to fill a vacancy,” the bench ruled.
The bench further noted that prolonged conservatory orders would effectively suspend constitutional provisions for the Deputy President’s exclusive functions, a situation that would itself constitute a constitutional violation.
The bench consequently scheduled a mention of the petition contesting Gachagua’s impeachment for November 7, while granting petitioners leave to appeal and promising an expedited hearing.
