Moses Kuria, a Senior Advisor on President William Ruto’s Council of Economic Advisors, has dismissed a court order temporarily barring the appointment of a new Deputy President following the impeachment of Rigathi Gachagua.
The ruling, issued by High Court judge Justice Chacha Mwita on Friday, October 18, 2024, called for a halt to the replacement of Gachagua until a hearing on October 24, 2024.
In his ruling, Justice Mwita noted the urgency of the matter and issued a conservatory order staying the implementation of the Senate’s resolution to uphold Gachagua’s impeachment, which included the appointment of his replacement.
“Due to the issues raised in the petition and application, and the urgency demonstrated, a conservatory order is hereby issued staying implementation of the resolution by the Senate upholding the impeachment charges against the petitioner, the Deputy President of Kenya, including the appointment of his replacement,” Justice Mwita stated.
However, Kuria argued that Justice Mwita’s orders came too late, as Interior Cabinet Secretary Professor Kithure Kindiki had already been confirmed as Gachagua’s successor.
“The appointment had been done. Justice Mwita’s orders as sought by the immediate former Deputy President are overtaken by events. Congratulations H.E Abraham Kithure Kindiki,” Kuria wrote on social media platform X, formerly Twitter.
Kuria’s sentiments were echoed by Kakamega senator Boni Khalwale.
“The Kenyan public is taking cognisance of court orders in respect of the Deputy President of Kenya,
@KindikiKithure, fully aware that by the time of the orders, the Senate was functus officio, the National Assembly was functus officio, the Gazettement of the changes in the Office of the Deputy President had been concluded. Congratulations @NAssemblyKE for bringing this matter to a final closure,” Khalwale wrote on X.
Earlier on Friday, October 18, 2024, the National Assembly overwhelmingly approved Kindiki’s nomination as the new Deputy President.
In a show of parliamentary unity, all 236 MPs present voted in favour of his nomination, with no abstentions or opposition votes recorded.
Following the vote, Speaker Moses Wetang’ula formally declared Kindiki as the Deputy President-elect.
“Honourable members, the vote on Professor Kithure Kindiki on the nomination as the Deputy President of Kenya is as follows: Abstentions – nil, Nos – nil, I’s – 236,” Wetang’ula announced.
“The vote is overwhelmingly ‘Yes’. So the nomination is here declared passed by the House, and the Speaker will transmit the results to the President, and the Speaker will also sign a gazette notice to this effect that the nominee for Deputy President has been duly voted by the House and therefore we will transmit to the appointing authority to proceed with the appointment,” Wetang’ula continued.
He then adjourned the House, adding, “He is now Deputy President-elect. Members, having finished on the issue of the Deputy President-elect, it is now 1:54 pm, and the House will adjourn until this afternoon at 2:30.”
The swift appointment of Kindiki follows the impeachment of Rigathi Gachagua by the Senate on Thursday, October 17, 2024.
Gachagua was removed from office after a two-day process, with five out of 11 charges against him upheld.
Despite the court’s intervention, the political establishment appears to be moving forward with Kindiki’s ascension to the second-highest office in the land.
As the nation awaits the next legal steps in Gachagua’s challenge, the transition in Kenya’s political leadership continues to unfold.
