Irony of a mountain that smiles, frowns all at the same time

Lawyers follow proceedings as Justices Fredah Mugambi, Eric Ogola and Anthony Mrima deliver a ruling where they vacated orders prohibiting the swearing in of Prof Kithure Kindiki as Deputy President, at Milimani High Court in Nairobi, on October 31, 2024. [David Gichuru,Standard]

The court’s declaration Thursday that Deputy President-designate Kithure Kindiki can be sworn into office has elicited mixed reactions from Kenyans, as a celebratory mood swept across his home region, Mt Kenya East.

However, in the political leeward side of Mt Kenya East, there was a sombre atmosphere, as impeached Deputy President Rigathi Gachagua suffered yet another setback after the High Court lifted the orders barring his impeachment.

Justice Anthony Mrima while delivering the ruling of the three-judge-bench, stated that “the person who assumes office after the impeachment of the Deputy President shall, unless lawfully removed from office, hold that position until further court orders or until the current term of the President ends, whichever comes first.”

He explained that the current constitutional framework does not anticipate any scenario in which the office of the Deputy President would remain vacant, except for the brief period needed to fill a vacancy.

“It is widely accepted that the purpose of a conservatory order is to preserve the status quo pending further orders of this court... In this case, maintaining the status quo would mean that the first petitioner remains impeached under Article 145(7), which affirms the finality of the impeachment process,” said Justice Mrima.

Gachagua’s counsel, Njiru Ndegwa, questioned the swearing-in, arguing that Kenya currently lacks a properly constituted Independent Electoral and Boundaries Commission (IEBC). He requested the court to issue a conservatory order to stay Kindiki’s swearing-in, claiming that Kindiki’s qualifications had not been verified by the IEBC.

“Nobody can deny that there is no IEBC. If Kindiki is to be sworn in, what will be the impact of swearing in a person who has not been verified and approved by the organ that is supposed to do so? Can this court fold its hands, watch, and midwife a violation of the Constitution?” Ndegwa questioned.

Separately, senior counsel Ahmednasir Abdullahi posted on his X account that he respects the Court of Appeal judges, stating that if they denied a stay of the proceedings of the High Court in Gachagua’s case, they did so on the merits.

“The Court of Appeal, unlike the Supreme Court of Kenya… One day, Kenya will burn to ashes because of corrupt, thieving judges. I know many, many lawyers who gloat and rejoice openly about the cases they win in courts... when all lawyers and even their clients know their victory is solely because of jurispesa. Shame on you. Your days are numbered,” Abdullahi posted shortly after the ruling.

“For the record: I support the political impeachment of Gachagua. I stand 1000 per cent for his constitutional right to a fair trial by an independent and impartial court,” he added.

Tharaka MP George Murugara observed that the court’s decision would leave some parties dissatisfied while satisfying others.

“Do not be misled that there will be protests, just as I cannot mislead you by saying there will be jubilation everywhere. The court has rendered its verdict, and now we must move on. Any aggrieved party knows their options—appeal, apply for a review, or pursue other appropriate actions,” he said.

Murugara noted that the decision has helped the country avoid a power vacuum in the office of the Deputy President.

Tharaka Nithi residents, glued to their television sets, keenly followed the ruling by the three-judge bench, hoping for a resolution to the political tensions triggered by Gachagua’s impeachment.

In Kindiki’s home county, residents celebrated in Chuka town upon hearing that he was set to be sworn in. Chuka-Igambang’ombe MP Patrick Munene, an ally of President Ruto, praised Kindiki as a uniting figure who would diligently perform his duties as stipulated in the Constitution.

“Kenya is finally getting a Deputy President for the whole country, much like during His Excellency William Ruto’s time. In Kithure Kindiki, we have a Deputy President for all of Kenya now,” Munene said.

In Meru County, Meru Assembly Majority Whip and Athwana MCA Jim Muchui, alongside former Meru Assembly Deputy Speaker Gideon Kimathi, celebrated, expressing confidence that Kindiki was well-suited to deputise for the President.

“Kindiki is the most honest politician of our time. He is a hard worker, passionate, and deeply patriotic. He should be sworn in immediately; this is a significant win for Kenya that should not be wasted,” said Muchui.

Kimathi added that regional leaders were pleased to retain the Deputy President position within the area.

“We are happy with the ruling. We now appeal to the judiciary to expedite the swearing-in of Prof Kindiki so he can work alongside President Ruto,” he said.

Cheera resident Clarice Mutegi shared her satisfaction, saying: “We have been waiting patiently for the court’s decision, trusting the judges would deliver justice, and we are pleased they have done so.”

Igembe North MP Julius Taitumu described Kindiki’s swearing-in as ‘historic’ and called on the Presidency to address cattle rustling in Meru’s Nyambene area.

“We are thrilled. We never imagined that someone from Meru could ascend to the Deputy President position, so we see this as a blessing,” he said.

Kibwezi West MP Mwengi Mutuse, who initiated the impeachment motion in the National Assembly, welcomed the court’s ruling saying: “Kenya and her people are bigger than any individual. Let’s now swear in Prof Kindiki and end the anxiety. Kenyans deserve services from their government.”

Environment Cabinet Secretary Aden Duale endorsed the court’s decision, posting: “Deputy President-elect can take the oath of office.”

Homa Bay MP Peter Kaluma urged the new Deputy President serve all Kenyans impartially. “May he serve all Kenyans equally, without fear, favour, vendetta, or ill-will! ,” Kaluma said on X.

In Limuru, however, Gachagua remained hopeful for a favourable judicial outcome, saying: “I have faith in the judiciary to listen, weigh issues, and deliver justice. I urge everyone to remain calm, regardless of the outcome.”

South Mugirango MP Silvanus Osoro also congratulated Kindiki on his new role, while Kakamega Senator Boni Khalwale stated, “Small communities deserve equal access to the highest offices. Congratulations, Prof. Well deserved.”

Mathira MP Eric Wamumbi respected the ruling, requesting that Kindiki’s swearing-in occur promptly. “We hope that after this, we shall focus on developing our nation,” said Wamumbi.