Deputy President Kindiki is about to face a serious political test

For someone who taught law, Deputy President Kithure Kindiki left his last job under a dark cloud. Under his watch dozens of Kenyans have reportedly been abducted and killed, some allegedly by the state. According to credible news reports, critics of government officials routinely got illegally tracked using mobile signals and detained incommunicado. All these were in direct contravention of President William Ruto’s promise to end extra-judicial killings by government agents and the use of the police and justice system to settle political scores. Lastly, Kindiki infamously failed to end banditry in Baringo and West Pokot.

That is the record that Kindiki brings with him to the Deputy Presidency. Now, it’s true that the role comes with little power. His main job is to stay alive and be ready to step in should the position of president become vacant. However, it’s also true that as a constitutionally-protected office the Deputy Presidency comes with significant agenda setting powers and political influence. President Ruto might also find it useful to assign Kindiki specific administrative roles. 

How will Kindiki use his new powers? Will he be a lapdog of a Deputy President in the mold of past Vice Presidents, or will he strategically deploy his powers for the good of the Jamhuri? I present these two choices advisedly. Since he took office, President Ruto has amassed significant powers at the expense of Parliament and the Judiciary. If constitutionalism is to have a chance, we need checks and balances anywhere we can — including in the Deputy Presidency. If he has a shred of political ambition, Kindiki must know that the circumstances of his elevation as well as the ongoing realignments in national coalitions require him to show his political independence. Otherwise, he will be a placeholder until he is unceremoniously dropped from the ticket ahead of 2027. To protect his political career, Kindiki cannot afford to be viewed as Ruto’s water carrier. 

To this end, he should take comfort in the fact that Ruto would be politically constrained from launching an impeachment against him before 2027. This should give him political space to be his own man. And he should show that by making a very public visit to Gachagua to extend an olive branch and by publicly advocating against any political persecution of the former Deputy President and his allies. Again, regardless of Gachagua’s sins, we should not normalize the use of police and the justice system to silence political opponents. 

Overall, Kindiki’s tenure as Deputy President will be judged by the extent to which he fought — publicly and privately — to protect constitutionalism. Unfortunately, so far he has a failing grade. He should pull up his socks in his next assignment. 

The writer is a professor at Georgetown University.