Thursday 31-Oct-2024 {HMC} A Kenyan court has lifted orders blocking the swearing-in of Deputy President nominee Kithuri Kindiki — dealing a blow to former DP Rigathi Gachagua who was impeached and removed from office in mid-October amid accusations of gross misconduct and undermining the president.
Gachagua’s lawyers filed about 30 court cases arguing against his ouster in the last two weeks.
The three-judge bench appointed to hear the case by the deputy chief justice, made the highly anticipated announcement Thursday.
“Public interest in this matter favors giving way to the constitution, which in any event is the will of the people,” said Judge Antony Mrima, who heard the case along with Eric Ogola and Freda Mugambi.
“We choose to abide by that calling, as such public interest demands that the office of the deputy president should not remain vacant.”
President William Ruto, who had 14 days after Gachagua removal to replace him, took less than a day to nominate Interior Minister Kindiki. The selection was approved by lawmakers at the National Assembly a few hours later.
However, the court suspended any further action until it could hear the case. Since then, the three-judge bench has faced questions and petitions from Gachagua’s lawyers contesting the validity of their appointment and their own impartiality. Those challenges were rejected.
Gachagua was convicted on five of the 11 charges against him, which included accusations of gross misconduct, irregular acquisition of wealth and undermining the president. Gachagua denied all the charges.
Public opinion has been mixed, with some telling VOA they agree with the removal of Gachagua while others found it distasteful, especially because the deputy president fell ill while the proceedings were happening.
“The outgoing deputy president was too abrasive. He couldn’t tone down his language. He seemed divisive,” said James Chege.
“It wasn’t good, especially when you are impeaching someone who’s in the hospital. It was so untimely,” Edwin Mugalo said.
Gachagua was Ruto’s running mate in the 2022 election but had recently complained of about being left out, highlighting the friction and tension between him and his former boss.
Kenneth Ombongi said he was surprised the Ruto-Gachagua partnership lasted as long as it did. Ombongi is the former chair of the department of history and archeology and is now associate dean of postgraduate studies at the University of Nairobi.
“If I look at historical patterns, what’s happening is not new and was expected. The office of the vice president or the deputy president has always been as delicate as it is now,” Ombongi said.
“The two are of the same characteristics … I know our president … He’s strong, determined, opinionated, same thing with Gachagua. We say two bulls cannot share the same corral.”
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