Why Kindiki is qualified to be Deputy President - UDA

The United Democratic Alliance (UDA) party has strongly dismissed claims that Deputy President-elect Kithure Kindiki is not qualified for the position.

According to the party, there is no provision in the law that compels an individual to be a member of a political party to ascend to the particular office of the DP.

In his submission before the three-judge Tuesday, the party through lawyer Adrian Kamotho, said while it is true he (Kindiki) has not been a member in the last three months since the nomination, this was not a requirement.

“No law requires you to be a member of a political party for three months for you to ascend to the position of a deputy president, which Prof Kindiki has ascended to,” he submitted.

Kamotho was responding to lawyer Ndegwa Njiru, representing impeached Deputy President Rigathi, who had alleged that the Independent Electoral and Boundaries Commission (IEBC) has a role in the nomination process.

“To say IEBC has no role in the nomination of Kindiki is absurd; it is not true,” he stated.

Njiru argued that if Kindiki was to successfully become the DP, then it implied he was not qualified in line with Articles 99 and 137 of the constitution.

“Who then determines this qualification if it is not the IEBC? He posed.

Earlier in its submission through lawyer Mahat Somane, IEBC asserted that it does not have any role in filling a vacancy in the office of the deputy president.

Somane said under Articles 99 and 137 of the constitution, the commission has no statutory mandate as relates to a vacancy in the position arising through impeachment.

He noted that “even if it has a role, it cannot discharge it because it does not have the constitutional and legal capacity to function as it does not have commissioners.”

“This is what my professor at Havard would tell you constitutional chaos. There is a role to be played by a constitutional body, once you establish there is a role, IEBC cannot play that role,” he said.

According to Somane, the commission has no powers because of the constitutional design, and if any then it is administrative, which includes checking the voter register as provided for under section 11 of the IEBC Act.

“If the court was to make that there was a role for us, then we say those are administrative roles which we could still play,” he stated.

Gachagua's lawyers had argued that the commission ought to have played a role in clearing the nominee for the position after the impeachment.

President William Ruto nominated Interior Cabinet Secretary Kithure Kindiki as the next Deputy President following the impeachment of Rigathi Gachagua on October 17.

National Assembly Speaker Moses Wetangula said Kindiki received the necessary approvals and clearance from the Kenya Revenue Authority, Ethics and Anti-Corruption Commission, Higher Education Board, the Credit Reference Bureau and IEBC among others.

Kindiki's name was submitted to the National Assembly, where MPs took a vote and approved him. Gachagua, however, filed a conservatory order stopping his swearing in pending the hearing and determination of the matter.

The bench is led by Justice Eric Ogola and is set to deliver a ruling on the case Thursday. The other two judges in the case are justices Anthony Mrima and Freda Mugambi.