Gachagua’s troubles
The battle for the office of the Deputy President took centre stage this week, with the High Court finally clearing the way for the swearing-in of Deputy President nominee Prof. Kithure Kindiki. Lawyers for ousted Deputy President Rigathi Gachagua were this week seeking an extension of conservatory orders to delay the implementation of the Senate’s decision to impeach Mr Gachagua and pause the swearing-in of his replacement, Mr Kindiki, the Cabinet Secretary for Interior and National Administration.
On Tuesday, Gachagua’s legal team, led by Senior Counsel Paul Muite and lawyer Elisha Ongoya, argued before a three-judge bench comprising Judges Anthony Mrima, Dr. Freda Mugabi, and Eric Ogola. They claimed that President William Ruto’s “hurried” nomination of Prof. Kindiki raises questions about whether the proper clearances were obtained prior to the Senate’s resolution. They also argued that Prof. Kindiki has not resigned from his state office and, therefore, cannot be nominated for Deputy President.
However, the ousted Deputy President suffered a blow this Thursday when the High Court lifted conservatory orders, blocking Prof. Kindiki’s swearing-in as Kenya’s Deputy President. The three-judge bench argued that allowing the interim orders to stand would leave the Office of the Deputy President vacant, an outcome clearly not envisioned by the Constitution.
Meanwhile, the Employment and Labour Relations Court directed Mr Gachagua’s workers who had been sent on compulsory leave to submit their employment contracts before further proceedings.