NAIROBI, Kenya Nov 1 – Professor Abraham Kithure Kindiki is set to take oath as Kenya’s third Deputy President, replacing Rigathi Gachagua who was impeached last month for abuse of office among other charges.
Kindiki, plucked by President William Ruto from the Cabinet where he headed the Interior docket, will take oath at the iconic Kenyatta International Convention Centre (KICC) at a ceremony attended by hundreds, including top diplomats.
The government declared Friday, November 1, a public holiday for the swearing-in of the law professor, who hails from Tharaka Nithi County.
Kindiki’s swearing-in was delayed for more than a week due to court cases challenging his nomination process as well as Gachagua’s impeachment, but a three-judge bench ruled Thursday he should take the oath to fill the vacant office as the hearing of the petitions continues.
“It is notified for the general information of the public that the Cabinet Secretary for Interior and National Administration, in exercise of the powers conferred by section 3 of the Public Holidays Act and sections 3(b) and 12(3) of the Assumption of Office of President Act, declares Friday, 1st November 2024, to be a public holiday, being the date of the swearing-in of the Deputy President-designate,” read a Gazette Notice issued by Prime Cabinet Secretary Musalia Mudavadi who was named acting Interior Cabinet Secretary.
The path to Kindiki’s assumption of office was cleared after a High Court bench of Justices Eric Ogola, Anthony Mrima, and Dr. Freda Mugambi lifted conservatory orders that had previously barred him from assuming the role.
A High Court in Kerugoys had blocked Kindiki’s swearing-in after a Kerugoya Court issued an injunction on October 18, following his nomination.
In their ruling, the judges emphasized Thursday that the continued vacancy in the Office of the Deputy President would contravene sections of the Constitution, which requires the role to be filled without undue delay.
The bench noted that the Deputy President’s duties, unlike those of the Vice President under the 1963 Constitution, cannot be delegated to the President, National Assembly Speaker, or any other official.
“We are convinced and find 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 court ruled.
The ruling also pointed out that leaving the office vacant any longer would suspend constitutional provisions related to the Deputy President’s role, potentially violating the Constitution.
Source: capitalfm
