Court Rules Kindiki's Appointment as Deputy President Was Lawful, Public Participation Not Required
The bench comprising Justice Eric Ogola, Justice Anthony Mrima and Justice Dr. Freda Mugambi delivered the landmark ruling on Monday.
The court affirmed that Article 149 of the Constitution is explicit on how a mid-term vacancy in the Office of the Deputy President is to be filled.
Where the office falls vacant through death, resignation or impeachment, the President nominates a replacement subject to approval by Parliament.
In its ruling, the bench found that this constitutional process is adjudicative and procedural rather than consultative, meaning public participation was not a constitutional requirement in Kindiki's appointment.
"The approval of a Deputy President nominee for appointment as the substantive Deputy President does not require public participation. In undertaking such approval, Parliament exercises delegated sovereign authority on behalf of the people, as provided for under the Constitution," the court stated.
The judges further found that Article 150 of the Constitution lacks a comprehensive statutory framework governing the removal of a Deputy President.
The bench observed that the absence of such a framework leaves fundamental procedural questions to be resolved by the courts, potentially undermining institutional certainty and public confidence.
The court consequently held that Parliament should urgently enact a dedicated law to regulate the impeachment process of a Deputy President under Article 150.
However, the judges were categorical that the absence of such legislation does not invalidate the impeachment proceedings already undertaken against former Deputy President Rigathi Gachagua.
The bench noted that Articles 144 and 145 of the Constitution provide the minimum constitutional threshold required to conduct such proceedings, and that Parliament had relied on this framework to safeguard the rights and protections accorded to the Deputy President during the process.
