Nairobi — Deputy President-designate Kithure Kindiki has been sworn in.
Kindiki, who now becomes the country's third Deputy President, succeeding Rigathi Gachagua who was impeached on October 17.
On Thursday a three-judge bench lifted conservatory orders that had previously barred Kindiki from assuming office.
Gachagua made history as the first Deputy President to be impeached under Kenya's 2010 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).
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.
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.
Conservatory order
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 emphasized 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.
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Kindiki's relationship with President Ruto dates back to when Ruto faced a case before the International Criminal Court (ICC). Kindiki served as Ruto's lawyer more than a decade ago during the case, in which Ruto was accused of crimes against humanity over the violence following the 2007 election, in which more than 1,200 people died.
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.
Until his swearing-in, Kindiki served as the Interior Cabinet Secretary, a position now held by Mudavadi in an acting capacity.
