Impeached Deputy President Rigathi Gachagua has lost a bid to prevent the ruling on Prof Kithure Kindiki’s swearing-in as Kenya’s new Deputy President from taking the oath of office.
Justices Eric Ogola, Anthony Mrima and Dr Freda Mugambi ruled on Thursday noting that the continued vacancy in the Office of the Deputy President would suspend sections of the Constitution, defeating public interest.
The conservatory order blocking Kindiki’s swearing-in was issued by a Kerugoya Court two weeks ago, soon after President William Ruto nominated the Interior Cabinet Secretary to replace Gachagua who was impeached.
The bench noted that an extension of conservatory orders would mean the office remains vacant since the orders did not imply the reinstatement of Gachagua as Deputy President.
David Munyi Mathenge and Peter Gichobi Kamotho sought the orders after the National Assembly approved Kindiki’s nomination as the new deputy president, a day after the Senate voted to impeach Gachagua.
Mathenge and Kamotho sued the Senate, the Speaker of the Senate and two others.
The case was filed under a certificate of urgency before Magistrate Mwongo Richard Mururu. The case was later consolidated with others filed in Nairobi.
