NAIROBI, Kenya, Oct 31 — The government has declared Friday, November 1, a public holiday for the swearing-in of a new Deputy President following the impeachment of Rigathi Gachagua.
Professor Kithure Kindiki, the current Interior Cabinet Secretary, will take oath as Deputy President following nomination by President William Ruto last week.
Kindiki’s swearing-in was delayed 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.
Kindiki’s swearing-in will take place at the Kenyatta International Convention Centre (KICC) in Nairobi at 10:00 a.m., according to a gazette notice issued Thursday by Mercy Wanjau, Chairperson of the Assumption of the Office of Deputy President Committee.
The path to Kindiki’s assumption of office was cleared after a bench of Justices Eric Ogola, Anthony Mrima, and Dr. Freda Mugambi lifted conservatory orders that had previously barred him from assuming the role. The court had blocked Kindiki’s swearing-in after a Kerugoya Court issued an injunction on October 18, following his nomination by President William Ruto to replace the impeached Gachagua.
In their ruling, the judges emphasized 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
