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After a high-stakes legal and political showdown, Kithure Kindiki assumed office as Kenya’s new Deputy President on Friday.
His swearing-in marked the end of a contentious period following his predecessor Rigathi Gachagua’s ouster, which plunged the nation into weeks of political and legal drama. Kindiki’s journey to the position underscores not only the power struggles within Kenya’s leadership but also the role of the judiciary in navigating constitutional crises.
Gachagua, previously Deputy President, was removed from office in October through a decisive vote by the Senate, which cited charges of gross misconduct, including alleged violations of the Constitution and inciting ethnic divisions. Gachagua firmly rejected these accusations, branding them as politically motivated attempts to undermine his influence within the government. His removal followed a months-long rift with President William Ruto, whose administration had grown increasingly focused on promoting unity and cohesion after a turbulent year of economic and social unrest.
Earlier in 2024, nationwide protests erupted in response to tax hikes that had intensified public frustration with the government. Demonstrators, angered by the rising cost of living, stormed parliament in a display of discontent. In response, President Ruto took the unexpected step of inviting opposition members into his cabinet, hoping to ease tensions with what he called a “unity government.” But Gachagua, who had been instrumental in Ruto’s 2022 election campaign by rallying support in the populous Mount Kenya region, found himself sidelined as Ruto pivoted toward cross-party collaboration. This shift strained relations between the two leaders, setting the stage for Gachagua’s eventual removal.
Following the Senate’s impeachment vote, Gachagua mounted a vigorous legal challenge to retain his position. Alongside his supporters, he filed over 30 petitions to the High Court, arguing that the proceedings were unjust and designed to prevent him from reclaiming his office. In response, the court issued a stay order, halting Kindiki’s swearing-in and plunging the nation into further political limbo.
However, on Thursday, a three-judge bench of the High Court lifted the stay order, allowing Kindiki’s inauguration to proceed. Justices Freda Mugambi, Eric Ogola, and Anthony Mrima ruled that, according to the Constitution, the office of Deputy President must not remain vacant. Justice Mrima emphasized that the decision was rooted in public interest and constitutional duty, underscoring the court’s role in safeguarding the continuity of governance. “The Constitution does not envision a scenario where such a critical office would remain unoccupied,” he stated, highlighting the judiciary’s commitment to the rule of law.
The court also dismissed Gachagua’s request for additional delays, arguing that upholding the impeachment was essential to the constitutional process. In a pointed remark, Justice Ogola underscored that allowing the Deputy President’s office to sit empty would hinder the government’s functions. The bench emphasized that no individual, regardless of political stature, should obstruct constitutional mandates or leave essential offices leaderless.
Following Kindiki’s inauguration, President Ruto addressed the nation, calling on the new Deputy President to serve all Kenyans without bias. His remarks indirectly responded to Gachagua’s previous comments likening the government to a shareholding entity, where political supporters expected priority in government appointments. Ruto’s directive for inclusivity aimed to underscore the administration’s commitment to national unity at a time of heightened political division.
Kindiki, a seasoned politician with a background in law, emerged as a leading contender for Deputy President during the 2022 election campaign. Although he ultimately took on the role of interior minister, his steadfast loyalty and performance made him a natural choice for the deputy position once Gachagua’s removal became inevitable. Kindiki’s ascent to Deputy President signals not only a fresh start for the administration but also a strategic alignment as the government seeks to restore stability and foster cohesion.
Despite Kindiki’s swearing-in, Gachagua’s legal team continued to pursue avenues for appeal. Lawyers representing Gachagua argued that the ruling effectively blocked their client’s path to reinstatement, given that no mechanism exists to reappoint a Deputy President once a successor has been installed. Lawyer John Khaminwa, representing the Katiba Institute, argued that the court should consider pausing the decision to allow time for further appeals, warning that the issue at hand required “wisdom and a profound understanding of political dynamics.” However, the Attorney General and Parliament, represented by lawyers Muthomi Thiankolu and Tom Ojienda, opposed any further delays, asserting that prolonged legal battles would destabilize the country’s governance.
The High Court’s ruling underscored the judiciary’s pivotal role in Kenya’s constitutional framework, particularly during moments of political upheaval. The bench noted that any obstruction of the Deputy President’s inauguration would hinder constitutional continuity, thereby compromising the rule of law. The judges highlighted that impeachment processes are enshrined in the Constitution as legitimate means for addressing alleged misconduct, stressing that they had adhered to the constitutional framework to safeguard public interest.
For Kenya, Kindiki’s appointment represents a step toward political stability after a period of intense polarization. The new Deputy President is now expected to bridge divides and work towards healing rifts in a nation still grappling with economic challenges and deep-seated ethnic tensions. As he steps into his new role, Kindiki faces the delicate task of navigating the competing demands of a diverse populace, aiming to fulfill the administration’s vision of inclusivity and unity in governance.
Gachagua later Friday broke his silence via his social media platforms, where he posted a happy photo with his spouse and two sons with caption; “Home Sweet Home! Thanking God for the gift of my family. The smell of fresh grass, sounds of chirping birds is what a happy family needs. I will remain forever grateful to God, for giving me a loving and supportive family. We are happy to be home, where I was born and brought up!
“I can’t wait for the morning to take my walk in Hombe Forest, enjoy the beautiful scenery of Mt Kenya as I thank God for His kindness. God Bless Kenya.”
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