DP nominee Prof. Kithure Kindiki and impeached DP Rigathi Gachagua in past events//Photo Courtesy
Impeached Rigathi Gachagua’s lawyer Ndegwa Njiru, has backed down the swearing in of Prof. Kithure Kindiki as Deputy President, following the High Court lifting conservatory orders.
The advocate informed the court that there is no electoral body, that is, Independent Electoral and Boundaries Commission (IEBC) to clear Kindiki from assuming the contentious office.
“It is all clear to us and nobody can deny that there is no IEBC. If he is to be sworn in tomorrow, what would be the importance of swearing in a person who has not been verified and approved by the organ that is supposed to do so.”
Njiru who has been defending Rigathi Gachagua before the High Court, said that the DP nominee must first attain the qualifications to hold the office and this must be ensured by the IEBC.
“The DP designated or nominated must attain the qualifications to hold the office. That is to mean that there must be an organ that will give a clean bill of health to say that Kindiki attains the qualifications and the functions of clearing Kindiki can only be executed or implemented by the IEBC,” stated the lawyer.
However, the state is currently on plans to swear in Kithure Kindiki tomorrow as from 10 o’clock at the Kenyatta International Convention Centre (KICC), as confirmed in the Kenya Gazette.
Rigathi was impeached by the Senate on 17th October 2024 after substantiating five out of the eleven charges he was accused of. He will be the first Deputy President in the history of Kenya under the new Constitution 2010 to be impeached.