In a typical case of two Deputy Presidents, one country, impeached Rigathi Gachagua and Interior Cabinet Secretary Kithure Kindiki are both laying claim to the number two slot.
This is after the senate upheld the National Assembly’s decision to impeach Gachagua on Thursday last week, with President William Ruto moving fast to nominate Kindiki to succeed him.
The Senate delivered its verdict in the absence of embattled Gachagua who had been taken ill and rushed to Karen Hospital, Nairobi hours before he was set to be cross-examined by lawyers for the National Assembly.
The National Assembly then sat later in the day to take a vote after Ruto’s gazette notice where 236 MPs voted to approve Kindiki during an exercise that had no votes against his appointment.
While all this was going on, Gachagua’s lawyer Paul Muite filed a case at the High Court that led to the suspension of Kindiki’s appointment as the new Deputy President until Chief Justice Martha Koome appointed a bench to hear and determine constitutional issues raised in the suit.
“A conservatory order is issued suspending Senate resolution to uphold the impeachment charges against the Deputy President,” High Court Judge Chacha Mwita said.
Three-judge bench
A three-judge bench composed of Justice Eric Ogola, Justice Anthony Mrima and Lady Justice Freda Mugambi will today hear the case filed by Hon David Munyi Mathenge and Peter Gichobi Kamotho in a Kirinyaga court against the speaker of the Senate.
Speaking after he was discharged from hospital, Gachagua said that he is the bona fide Deputy President officer holder.
He urged CJ Koome to uphold constitutionalism by allowing a fair court process even as he vowed to remain in office until all cases touching on his impeachment are heard and determined.
On his part, Kindiki has not uttered a word since his appointment to the second highest office and only non-verbal communication portrayed by him and the President on Sunday confirmed his new role.
During the Mashujaa Day celebrations in Kwale County, Kindiki assumed all the roles that are assigned to the Deputy President by protocol, especially on national days.
He met and greeted President Ruto after he landed in Kwale to preside over the function.
When they arrived at the venue, he sat next to the president at the exact position where impeached Gachagua would have sat.
Sitting protocol
The First Lady Rachel Ruto sat in between the two while Prime CS Musalia Mudavadi and Speakers Moses Wetangula (National Assembly) and Amason Kingi (Senate) were positioned on Kindiki’s left side respectively.
During the time of speeches, the Interior CS never made any address while leaders who spoke to the gatherings kept on referring to him as the Deputy President elect.
Despite riding in a car that had no flag, Kindiki was the next to exit from Kwale Stadium after the President motorcade.
As Ruto and Kindiki participated in the Sunday celebrations, Gachagua first took to his social media accounts to wish Kenyans a happy day.
“Happy Mashujaa Day dear Kenyans. God Bless our Nation,” embattled Gachagua posted on his Facebook account attracting over 30,000 comments.
Later during his media briefing after being discharged from hospital, Gachagua who fiercely attacked Ruto revealed how his attempt to attend the Kwale event was blocked by highly-placed government officials.
“The management of Wilson Airport was instructed not to allow me to use the airport to fly to the venue for the national holiday. Out of malice they also warned the helicopter owners against providing me with transport to Kwale,” Gachagua said.
Besieged Gachagua who spoke for the first time since falling ill on Thursday linked his political woes to fallout with his boss President Ruto after he opposed some of the projects being implemented by his government.
The DP wondered why Ruto would have allowed his persecutors to lynch him even at a time when he was fighting for his life in hospital in total disregard of his input for Ruto to garner support in Mt Kenya that easily propelled him to office.
He urged the President to comply with court orders and allow him to serve as his Deputy even as he wondered why his boss orchestrated the withdrawal of his official cars and security detail.
He at the same time claimed that state operatives had on two occasions attempted to poison him, first in Kisumu and later in Nyeri county.
“I want to tell the people of Kenya that I do not feel safe for the first time, let me say that on August 3, 2024, in Kisumu, undercover security officers entered my room in Kisumu and bugged it. One of them tried to poison my food but we detected it. On September 3, 2024, in Nyeri, another team came to Nyeri and tried to poison food that was meant for me and the Kikuyu Council of Elders,’ he stated.