A petition challenging the appointment of Prof. Kithure Kindiki as Deputy President has been referred to Chief Justice Martha Koome for the constitution of a multi-judge bench to deliberate on the matter. This development follows a ruling by Justice Bahati Mwamuye of the High Court, who deemed the amended petition filed by activist Enock Aura to raise substantial and weighty legal questions. According to the court, the issues presented in the petition are of significant constitutional importance and require the expertise of more than a single judge to resolve.
Aura, in his petition, argues that Kindiki’s appointment was unconstitutional, asserting that the office of Deputy President was never lawfully declared vacant as required by the Constitution. He claims that the Independent Electoral and Boundaries Commission (IEBC) did not gazette or publicly announce the vacancy in the office of the Deputy President, a crucial procedural step before a new person can be appointed to the position. Aura’s petition, which was filed on December 16, 2024, further contends that without this official declaration, Kindiki’s assumption of office is invalid.
The crux of Aura’s argument is based on the claim that the office of Deputy President cannot be assumed unless the vacancy is formally declared and published. According to the law, once the position becomes vacant, it must be gazetted by the IEBC and the announcement must be made public to ensure transparency and legality in the appointment process. Aura’s petition stresses that, as of now, no such gazettement has been done to confirm the cessation of Rigathi Gachagua’s tenure as Deputy President, and no official document has been made available to the public to support Kindiki’s appointment.
Aura also points to the lack of a formal declaration regarding Kindiki’s cessation as Cabinet Secretary in the current government. He argues that the absence of such a declaration further calls into question the legality of his appointment as Deputy President. According to Aura, no such gazettement was made to the National Assembly or made publicly available, thereby undermining the constitutional process for appointing a Deputy President.
This petition comes after a previous ruling on October 31, 2024, where the High Court lifted an order that had temporarily blocked Kindiki’s swearing-in as Deputy President. Justices Eric Ogola, Anthony Mrima, and Fresh Mugambi, in their decision, emphasized the importance of continuity in government, ruling that the office of the Deputy President could not remain vacant. This decision allowed Kindiki to assume office despite the legal challenge.
However, the latest petition has reignited the debate surrounding the legitimacy of Kindiki’s appointment. With the case now referred to the Chief Justice, it will be up to a multi-judge bench to carefully consider the legal arguments and determine whether Kindiki’s assumption of office as Deputy President was constitutionally valid. This case continues to attract considerable public and legal attention, as it raises crucial questions about the processes of constitutional appointments and the safeguards in place to ensure they are carried out in accordance with the law.
