The Court orders issued Friday, one by the Milimani High Court Judge Chacha Mwita and another by the Kerugoya High Court Judge Richard Mwongo barring the swearing-in of Interior Cabinet Secretary Kithure Kindiki as the next Deputy President appears to have thrown the Country into unchartered waters.
This raises questions as to who is the current holder of the Deputy President’s office.
This is after Rigathi Gachagua’s impeachment by the National Assembly was upheld by the Senate and Interior CS Kithure Kindiki was gazetted as the Deputy President designate.
Duncan Oketch, a legal pundit, argues that, “the conservatory orders issued by the courts should be interpreted as having maintained the status quo with DP Gachagua being the beneficiary pending the hearing and determination of the case.”
On the other hand, Oketch says although Kithure Kindiki has already been gazetted as deputy president designate, he has not assumed office.
“The question is has he taken the oath of office? He posed, “the answer is no. He assumes office the day he takes oath of office as per the law”
Questions also abound on whether Kithure Kindiki still holds the office of Interior Cabinet Secretary or whether he ought to have resigned before he was nominated to be the next second in command.
Despite the political turmoil, Oketch argues that the situation offers an opportunity to deepen the interpretation of the constitution.
“Kenya is set to benefit from the deeper understanding, interpretation and testing of the constitution for future purposes should we find ourselves in a similar situation.”
The courts are expected to begin hearing the matter next week, with the legal outcome set to determine the way forward.
