NAIROBI, Kenya, Oct 31 — In a significant ruling, the High Court has lifted a conservatory order that had prevented the swearing-in of Professor Kithure Kindiki as Deputy President, following Rigathi Gachagua’s impeachment. The three-judge bench, consisting of Justices Eric Ogola, Anthony Mrima, and Dr. Freda Mugambi, ruled Thursday that the prolonged vacancy in the Office of the Deputy President would disrupt constitutional provisions and compromise public interest.
The conservatory order was initially issued by the Kerugoya Court on October 18, shortly after President William Ruto nominated Kindiki, currently the Interior Cabinet Secretary, as Gachagua’s successor. The High Court has now discharged that order, clearing the way for Kindiki to assume office.
“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.
Vacancy in Deputy President’s Office “Untenable”
Justice Ogola’s bench underscored that under Kenya’s post-2010 Constitution, the Deputy President’s duties are exclusive and cannot be delegated to the President, Speaker of the National Assembly, or any other official. Therefore, any extended vacancy in the office was deemed unconstitutional.
The ruling emphasized, “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 further noted that extended conservatory orders would effectively suspend the Deputy President’s constitutional functions, which would be a violation of the Constitution itself.
Next Steps in Gachagua’s Appeal Process
The High Court has scheduled a mention for the petition contesting Gachagua’s impeachment on November 7, allowing petitioners to appeal while promising an expedited hearing.
This decision follows another setback for Gachagua earlier in the day, as the Court of Appeal declined to issue temporary orders suspending proceedings in the High Court. Presiding Judge Patrick Kiage, with Justices Aggrey Muchelule and George Odunga, ruled against a last-minute application by Senior Counsel Paul Muite, adjourning further hearings until November 6.
The Court of Appeal directed Gachagua’s legal team to serve all parties in the consolidated petition by noon on Friday, while respondents must file their responses by Monday, November 4. Oral submissions will be highlighted on November 6.
This ruling clears a significant path for Professor Kindiki’s swearing-in as Deputy President, slated for November 1, and further solidifies the High Court’s stance on filling constitutional roles without delay. Stay tuned for updates as the transition unfolds.
