The High Court lifted a conservatory order blocking the swearing-in of Kithure Kindiki, as the deputy president after Rigathi Gachagua was impeached.
In their ruling, Justices Eric Ogola, Anthony Mrima, and Dr. Freda Mugambi said the continued vacancy in the Office of the Deputy President would suspend sections of the Constitution, defeating public interest.
The conservatory order blocking Kindiki’s swearing-in was issued by a Kerugoya Court two weeks ago, soon after President William Ruto nominated the Interior Cabinet Secretary to replace Gachagua.
The bench noted that an extension of conservatory orders would mean the office remains vacant since the orders did not imply the reinstatement of Rigathi Gachagua as Deputy President.
The Justice Ogola-led bench held that the functions of the Deputy President post-2010, unlike the Vice President in the 1963 Constitution, cannot be discharged by the President, the Speaker of the National Assembly or anyone else, hence the find that an extended vacancy would be untenable.
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It noted that continued conservatory orders would render constitutional provisions providing for exclusive functions of the Deputy President suspended, a situation that would by itself constitute a violation of the Constitution.
