Many Kenyans are asking, “Who is Kenya’s Deputy President right now?” Is it Rigathi Gachagua, who was impeached by the Senate and National Assembly but obtained a court order to halt the process? Or is it Kithure Kindiki, who was nominated by President William Ruto and approved by the National Assembly, but whose swearing-in was blocked by the courts?
Former LSK President Eric Theuri has entered the debate, offering his legal interpretation of the constitutional questions surrounding the impeachment.
During a TV interview, Theuri stated that Kindiki is the deputy president, considering the political process of Gachagua’s impeachment and the court orders preventing Kindiki’s appointment.
He explained that Kindiki remained the second in command since President Ruto nominated him, and the Members of Parliament (MPs) subsequently approved him after Gachagua’s impeachment.
“The correct position would be that DP Gachagua was impeached, but the new person is yet to take office. And until the appointment of Kindiki is reversed, we remain in that position,” Theuri said.
Impeachment Process & Picking New Deputy President
He defended the quick process of Gachagua’s impeachment and the subsequent nomination and approval of Kindiki.
Theuri said the appointment followed the Constitution, which directs the President to appoint a new DP within 14 days and for Parliament to approve it within 60 days.
The former LSK boss noted that the country is in a crisis due to Gachagua’s impeachment and Kindiki’s nomination, which the court halted.
He mentioned that without a functional Independent Electoral and Boundaries Commission (IEBC), there might be a Constitutional crisis if anything happens to President Ruto before Kindiki assumes office.
“If you want to look at the stability of the country and put the interest of the country first, there is nothing wrong with how the process was conducted. The president made the appointment within the required period, sent it to Parliament, and Parliament voted as required under the Constitution,” Theuri said.
Also Read: Itumbi Reveals How Gachagua Beat Him Up in Eldoret
Conservatory Orders
Theuri stated that conservatory orders prevent Kindiki from taking his oath of office, which would make him the official DP.
He explained that the swearing-in ceremony marks the final step required in the Constitution for his appointment as deputy president.
“Once he takes his oath of office, the appointment process is complete, and he assumes office. I think that’s what has been stopped,” he said.
However, Theuri noted that the court orders may not last long, as the courts will consider public interest, and the issues raised in the petitions.
He hinted that Gachagua’s biggest concern is likely the vindication that his removal was improper and the lifting of the constitutional bar preventing him from holding public office due to his impeachment.
Also Read: Moses Kuria Reveals What Karua & Munya Told Gachagua Before 2022 Elections
Orders Overtaken by Events
Theuri dismissed arguments that the court orders have been overtaken by events.
He stated that the orders remain effective because they stopped Kindiki’s appointment as DP, a process that is not yet complete.
“There is a process that began with the nomination sent to Parliament, voted for by MPs as required, and the final step is the swearing-in. As of now, the appointment is not effective. If it had been effective, the orders would be in vain because you cannot stop what has already happened,” Theuri said.
He predicted that the courts might set the orders aside as the petition continues and eventually issue declarations that could guide future impeachment processes.
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