The
expected swearing-in of Deputy President designate Kithure Kindiki has
been pushed to next week.
The ceremony was expected to take place at the Uhuru Gardens on Saturday from 10 am.
However, there is little activity going on at the grounds. Plans to have Kindiki take the oath of office were at an advanced stage, as of Friday.
Insiders say the decision follows the conservatory orders issued on Friday suspending the appointment of a new Deputy President.
The DP designate will now have to wait until the orders are vacated, for the process to continue.
Justice Chacha Mwita halted the appointment of former Deputy President Rigathi Gachagua's successor until October 24, long after Kindiki had been approved by the MPs.
He certified the application filed by his Advocate Senior Counsel Paul Muite as urgent and remitted the file to Chief Justice Martha Koome.
Koome will now appoint a bench that will hear and determine the weighty constitutional issues raised by Gachagua.
During his time as Interior and National Administration Cabinet Secretary, Kindiki always insisted on following the law.
Even when he made decisions that critics termed ‘hostile’ he insisted that they were within the laws of the country.
With Kindiki’s background as a longtime Professor of law and an Advocate of the High Court of Kenya, analysts say they expect him, as an officer of the court to fully comply with the High Court’s directive.
Some of Kenya’s top legal minds are sharply divided in opinion regarding the turn of events following the impeachment of Rigathi Gachagua.
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.