Last evening, the assumption of office committee was meeting to plan for the swearing-in ceremony of Kithure Kindiki.
The function is expected to take place anytime between 9am and 2pm today, according to the law.
By last night the committee was toying with holding the ceremony at KICC or Uhuru Gardens.
This pivotal moment in Kenya’s political landscape follows a landmark High Court ruling that lifted orders preventing Kindiki’s appointment as Deputy President, officially unseating the impeached Rigathi Gachagua.
The three-judge bench, comprising judges Eric Ogola, Antony Mrima and Freda Mugambi, ruled that the conservatory orders issued on October 18, had to be discharged.
Their ruling emphasised that the constitution does not permit the DP’s office to remain vacant, as this would disrupt government operations.
“Issuing the conservatory orders sought would mean a de facto suspension of provisions of the Constitution,” Justice Mrima said in the ruling.
With Gachagua now officially impeached, Kindiki, who has been waiting this moment for two weeks, is set to become Kenya’s third DP under the 2010 Constitution.
Article 148 mandates that the swearing-in of the DP-nominee must occur in public before the Chief Justice or, in their absence, the Deputy Chief Justice, with the nominee taking an oath of allegiance.
The ruling marks a significant shift in the political landscape, as Kindiki prepares to step into a role that has been fraught with controversy and legal battles.
Gachagua had maintained hope for a favourable court decision to retain his position, despite pressure to resign amid his impeachment by both the National Assembly and the Senate.
In a statement made earlier, the former Mathira MP expressed his faith in the Judiciary.
“We have faith that our Judiciary will protect and uphold the constitution of Kenya and will exercise fairness. That is our prayer,” he said in Limuru on Wednesday.
However, his hopes were dashed shortly after his attempt to halt the High Court’s proceedings at the Court of Appeal failed.
Gachagua’s legal team sought to reverse the High Court ruling regarding the remittance of his case to the three-judge bench, particularly challenging Deputy Chief Justice Philomena Mwilu’s role in the matter.
The Court of Appeal judges, including Patrick Kiage, George Odunga and Aggrey Muchelule, were set to provide directions on the case but had to adjourn after discovering that not all parties had been properly served.
The judges instructed Gachagua’s team to amend their petitions to include all relevant parties and to file by noon today, with responses due by Monday.
Recognising the urgency of the matter, Justice Kiage scheduled a hearing for Wednesday, November 6.
As the court proceedings unfolded, Gachagua’s legal arguments claimed that Mwilu lacked the authority to constitute the bench, labelling the High Court’s actions as erroneous and flawed.
The impeached DP was convicted by Parliament for gross constitutional violations, abuse of office and misconduct, leading to his impeachment.
On October 18, President William Ruto nominated Kindiki to fill the Deputy President position, sending his name to the National Assembly for approval.
Speaker Moses Wetang’ula announced the appointment during a special sitting convened shortly after the Senate upheld Gachagua’s impeachment.
In an overwhelming show of support, 236 MPs voted to confirm Kindiki, with no abstentions or opposing votes.
“The nomination is hereby declared passed by the House. The Speaker will transmit the result to the President and will sign a gazette notice to this effect,” Wetang’ula said.
Despite the overwhelming parliamentary support for Kindiki, Gachagua swiftly sought court intervention, securing conservatory orders that temporarily halted the swearing-in process.
This legal battle intensified the political tensions surrounding the transition.
Kindiki has been serving as the Interior Cabinet Secretary for the past two years and previously held the position of senator for Tharaka Nithi county for two terms from 2013 to 2022.
He was once a frontrunner to be Ruto’s running mate in the 2022 election but was ultimately passed over in favour of Gachagua, a decision Ruto later explained was influenced by considerations of age and compatibility.
As the clock ticks down toward Kindiki’s anticipated swearing-in, the government is racing against time to ensure no further legal maneuvers by Gachagua can block the transition.
The office of the DP comes with significant expectations amid a backdrop of political uncertainty. The coming hours will be critical as the assumption of office committee finalises arrangements for the ceremony, which is anticipated to draw significant public attention.
Kenyans are watching closely as this political saga unfolds, marking a new chapter in the nation’s governance and leadership.
