Professor Kithure Kindiki will be sworn in as Kenya's Deputy President on Friday November 1. The ceremony will be held at the Kenyatta International Convention Centre 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, a docket Prof Kindiki held.
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.
Minutes after the swearing-in date was gazetted and President Ruto appointed the acting CS Interior, Mr Mudavadi flexed his newly found powers to issue a gazette notice declaring Friday November 1 a public holiday. This effectively means that no petition can be filed to stop the ceremony as all judges will be off duty.
Rigathi Gachagua was removed from the post on October 17 and Prof Kindiki nominated by President Ruto the following day, and approved by National Assembly shortly after.
The impeached DP and other petitioners, however, rushed to court and obtained orders blocking his replacement pending the determination of the cases he had filed challenging his ouster.
In their decision on Thursday afternoon, 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 had 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.
