Kindiki Sworn In As Kenyan Deputy President To Replace Gachagua Who Was Impeached

By Lisbeth Micheni, Kenya

Kenyan Deputy President-designate professor Kithure Kindiki was on Friday sworn into office to replace Rigathi Gachagua, who was impeached on October 17, 2024, following allegations of misconduct and abuse of office.

Gachagua made history as the first Deputy President to be impeached under Kenya’s 2010 Constitution.

On Thursday, a three-judge bench lifted conservatory orders that had previously barred Kindiki from assuming office.

Justices Eric Ogola, Anthony Mrima, and Dr. Freda Mugambi cleared the way for Kindiki after ruling on Thursday that a prolonged vacancy in the Office of the Deputy President would contravene sections of the Constitution, which would be against public interest.

A Kerugoya court had issued a conservatory order blocking Kindiki’s swearing-in on October 18, shortly after President Ruto nominated the Interior Cabinet Secretary to replace Gachagua, who was impeached on October 17.

“The applications for conservatory orders are hereby disallowed. The conservatory orders issued on October 18, 2024, by the Kerugoya High Court are hereby discharged,” the bench ruled.

The judges noted that extending the conservatory orders would leave the office vacant, as the orders did not imply Gachagua’s reinstatement as Deputy President. 

Led by Justice Ogola, the bench emphasised that under Kenya’s post-2010 Constitution, the functions of the Deputy President cannot be assumed by the President, the Speaker of the National Assembly, or any other official, making a prolonged vacancy untenable.

“We are convinced that the current constitutional framework does not envision any scenario in which the office of the Deputy President would remain vacant except during the brief period required to fill a vacancy,” the bench stated.

The court also highlighted that prolonged conservatory orders would effectively suspend the constitutional provisions governing the Deputy President’s exclusive functions, constituting a violation of the Constitution.

Kindiki’s oath of office was administered by the Chief Registrar of the Judiciary, Winfrida Mokaya, and witnessed by Chief Justice Martha Koome.

The official ceremony began at 10:42 a.m. when the Judiciary mace was placed in the swearing-in arena at the Kenyatta International Convention Centre (KICC) in Nairobi.

Kindiki, accompanied by his wife Dr Joyce Kithure, took the oath of allegiance. His swearing-in ceremony was attended by President William Ruto, who led Kenyans in welcoming the new Deputy President.

Also present were the Speakers of the National Assembly and the Senate, Moses Wetangula and Amason Kingi, along with other political leaders.

Cabinet Secretaries attended, led by Prime Cabinet Secretary Musalia Mudavadi. Members of the diplomatic corps were also present.

Kindiki, now the third Deputy President of Kenya under the 2010 Constitution, is also a seasoned lawyer, and has  served as President William Ruto’s lawyer during the latter’s trial at the International Criminal Court over post-election violence in 2007. 

Until his swearing-in, Kindiki served as the Interior Cabinet Secretary, a position now held by Mudavadi in an acting capacity.

He has also served as the Minister of Interior Security before Musalia Mudavadi took over from him.

With a master’s degree and a PhD from the University of Pretoria in South Africa, Kindiki has authored more than 30 publications, including books and articles in academic peer-reviewed journals both locally and internationally.