Court paves way for Kindiki to replace Gachagua

Kenya’s High Court has lifted an order blocking the swearing-in of Kithure Kindiki as deputy president following the impeachment of his predecessor.

In an unprecedented political drama that has gripped the nation Rigathi Gachagua was removed from office two weeks ago after parliament overwhelmingly approved an impeachment motion.

President William Ruto immediately nominated Kindiki, currently the interior minister, to replace Gachagua.

But the impeached deputy president then went to court objecting to his removal calling it politically motivated.

Parliament had approved Kindiki’s appointment but a court put his swearing-in on hold pending the legal challenges from Gachagua and others.

On Thursday, a panel of three judges removed the orders preventing Kindiki’s swearing-in, ruling that an extended vacancy in the office of deputy president was “untenable”.

The court cited the need for continuity in the office of the second-in-command in the country.

“Public interest demands that the office of the deputy president should not remain vacant,” Justice Anthony Mrima ruled.

Gachagua’s lawyers say they will appeal against the judges’ ruling.

But the court also said that the case challenging Gachagua’s impeachment itself can continue.

During the impeachment, lawmakers upheld charges against Gachagua including inciting ethnic divisions and violating his oath of office.

His several attempts to scuttle the impeachment process were dismissed by the judges but he vowed to fight his removal in court.

The 59-year-old was impeached while he was in hospital.

He argued that he was denied the right to fair hearing, adding that charges against him were not substantiated.

Gachagua, popularly known as Riggy G, is wealthy businessman from the vote-rich central Mount Kenya region, which overwhelmingly voted for Ruto in 2022 election.

He is the first deputy president to be impeached under Kenya’s revised 2010 constitution.

Kindiki, a 52-year-old former law professor who is also from the Mount Kenya region, had been a top contender to replace Gachagua.

Gachagua’s downfall is the culmination of a bitter fall-out with Ruto, which escalated after deadly demonstrations erupted in June over unpopular tax hikes, exposing divisions in the ruling party.