High Court clears road for Kindiki’s swearing in

By Peter Ochieng

Impeached Deputy President (DP) Rigathi Gachagua has suffered a major blow after High Court judges lifted orders stopping the swearing in of Kithure Kindiki.

President William Ruto nominated Kindiki to replace Gachagua shortly after he was impeached by the Senate mid-October.

The former Mathira Member of Parliament (MP) through his legal team swiftly moved to Court, barring the swearing in of Kindiki, the outgoing Cabinet Secretary (CS) for interior and national coordination.

The ruling was made by Justice Anthony Mrima Fridah Mugambi and Eric Ogolla. “The applications for conservatory orders are hereby disallowed.

The conservatory orders on 18th of October 2024 in Kerugoya High Court are hereby discharged,” ruled Ogolla.

“It is our finding that the Constitution of Kenya has clearly delineated independent and distinct paths for the 3 arms of government. Accordingly, this court’s intervention in the matter before it is warranted,” he added.

Justice Mugambi said: “We do hereby find and hold that this court has jurisdiction to sit and determine the matter that is before it.”

“It is undisputed that the impeachment of the deputy president is a constitutional process & the authority to determine whether the merits and procedure of such impeachment process falls squarely within the jurisdiction of the High Court,” she added.

“The jurisdiction to hear disputes arising from the impeachment of a president and deputy president does not lie with the Supreme Court within the realm of original and exclusive jurisdiction,” said Justice Mugambi.

Mrima on his part said, “We are convinced and find that the current constitutional framework does not envision any scenario in which the office of the DP would remain vacant except during the brief period required to fill a vacancy.”

Gachagua’s lawyers led by Ndegwa Njiru protested the ruling, arguing that Kindiki cannot be sworn in, in the absence of an active Independent Electoral and Boundaries Commission (IEBC).

“It is my humble appeal that this court issues the conservatory order on the basis that there is no clearance that has been issued by the IEBC,” said Njiru.

Upon being sworn in, Kindiki became the third Deputy President under the 2010 constitution, after William Ruto and Rigathi Gachagua.