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Kithure Kindiki has earned a place in the country's history book following his naming as Deputy President, 10 hours after the second DP Rigathi Gachagua was impeached.
He is now on the verge of making history as the first-ever Deputy President from the Mt Kenya East region after the National Assembly yesterday voted to endorse his nomination.
The first politician from Tharaka Nithi to shake the political landscape was Bernard Mate who replaced Eliud Mathu and Jeremiah Nyagah to represent the entire Mt Kenya region in the Legislative Council in 1957.
Kindiki, the Interior Cabinet Secretary, was nominated by President William Ruto to deputize him yesterday, just hours after the de-gazettement of Rigathi Gachagua following his impeachment by the Senate the previous day.
Gachagua was given the boot by the Senate after it found him guilty of five out of 11 grounds listed for his impeachment in a motion filed by Kibwezi West MP Mwengi Mutuse.
“Now, therefore, I, William Samoei Ruto, President and Comander-in-Chief of the Kenya Defense Forces, under Article 149 (1) of the Constitution, do hereby nominate Prof Kithure Kindiki for consideration and confirmation through a vote of the National Assembly to be the next Deputy President of the Republic of Kenya,” read the Presidential communication to the House.
During a special sitting, 236 MPs who were present voted unanimously to endorse Kindiki’s nomination as the second in command by way of a roll call. Kindiki only required a simple majority vote to sail through.
“The nomination is passed by the House and the Speaker will transmit the same to the appointing authority who is the President,” stated Speaker Moses Wetangula after the vote.
“The Speaker will also sign a gazette notice to this effect that the nominee, the Deputy President, has been duly voted by the House,” Wetangula added.
Earlier, the Speaker seemed determined to clear all and any hurdles that would derail the approval of Kindiki’s nomination. He ruled out public participation and debate in the approval process for Kindiki.
In his ruling on issues raised by MPs on the procedure to be taken in considering the nomination, the Speaker said that Kindiki would not be subjected to vetting by the Committee on Appointments.
This, he said, was in accordance with Standing Orders which dictate that elective positions before the House, including those of Speaker, Deputy Speaker, and East African Legislative Assembly member, are not subjected to public participation.
“The practice of the House in these instances is that the House has always proceeded directly to vote without public participation. To this end, as far as Article 149(1) of the Constitution is concerned, the House votes upon receiving the nomination, and the requirement for public participation does not apply,” he ruled.
The Speaker, following a House Business Committee sitting, also dismissed the argument that a two-thirds threshold is necessary emphasising that only a simple majority vote was required.
“Consequently, noting that Article 149(1) of the Constitution requires the House to take a vote on the nomination, the approval process outlined under the Public Appointments (Parliamentary Approval) Act does not apply,” observed Wetangula, adding:
“In this case, the House will therefore adopt the precedent it has set on this matter, and this settles the point, honourable members.”
Kindiki is now one step away from being sworn in as the second most powerful leader in the country with all indications that the swearing-in event will take place between today and Monday.
According to the law, Chief Registrar of the Judiciary Winfrida Boyani is required to administer the oath of office to the Deputy President designate in the presence of Chief Justice Martha Koome or Deputy Chief Justice Philomena Mwilu.
However, Gachagua seemed determined to rain on Kindiki's parade. His lawyers obtained conservatory orders from the High Court, staying the implementation of the impeachment charges, including the appointment of his replacement until October 24, 2024, when the matter will be mentioned before the court.
He also obtained another order specifically barring the swearing-in of KIndiki as the Deputy President.
Several MPs who spoke to The Standard however felt indifferent, noting that the court order had been lodged too late in the day.
“I am sure the National Assembly lawyers are going to interpret the court order and advise on the next course of action, but from where I stand the degazettement of Gachagua takes the day. In Kindiki, I believe we have a sober mind and unifying factor who will take this country forward,” said Sabatia MP Clement Sloya.
Tharaka-Nithi Woman Representative Susan Ngugi noted that since the matter had been directed to the Chief Justice for determination, the courts would in due time make their pronouncement on the matter.
These developments now put the country in a peculiar position where it has an elected deputy president who has been impeached and a nominee who must wait for the courts to determine when he should assume office.
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