The anticipated swearing-in of Deputy President designate Kithure Kindiki, initially scheduled for Saturday at Uhuru Gardens, has been postponed to next week. The delay follows conservatory orders issued by the High Court, which suspended the appointment of a new Deputy President.
As of Friday, plans for the ceremony were in advanced stages. However, the High Court’s ruling by Justice Chacha Mwita halted the process until October 24, after a case challenging the impeachment of former Deputy President Rigathi Gachagua was filed. The application, filed by Senior Counsel Paul Muite, was deemed urgent, prompting the Chief Justice Martha Koome to appoint a bench to address the constitutional issues raised.
Justice Mwita’s order came after Kindiki had already been approved by the Members of Parliament (MPs). While the legal proceedings continue, Kindiki, a former Interior and National Administration Cabinet Secretary and respected law professor, is expected to fully comply with the court’s directive, given his adherence to legal principles throughout his career.
Kenya’s legal experts remain divided over the constitutional implications of the events following Gachagua’s impeachment, leaving the country in a state of anticipation as the legal process unfolds.
Senior Counsel Tom Ojienda, the Kisumu senator with a distinguished law career spanning over 25 years, said the court order was inconsequential as it had been overtaken by events.
In his learned opinion, the court order came after the fact and won’t stand the legal integrity to stop Kindiki from assuming his new role as Deputy President.
However, Nelson Havi, his peer in jurisprudence, quickly disagreed with him.
“The court order must be obeyed. It is not a suggestion. That is what every truthful advocate including those of us who support President William Ruto must tell him and the people of Kenya. Do not mislead anyone, Prof,” Havi said.
Ahmednasir Abdullahi in his opinion, insisted that what the court order addressed itself on Kindiki’s appointment but does not stop him from taking oath of office since it was overtaken by events.
