Fact-check: What we know about Kithure Kindiki's swearing-in

The swearing-in of Kithure Kindiki will not take place today as initially thought.

A spot check by The Standard on Saturday morning found little activity at Uhuru Gardens, Nairobi, the proposed venue for the ceremony.

As of Friday evening, October 18, political sources had indicated that the event would begin at 10 am, with attendance limited to those holding invitation cards.

However, a military guard was stationed at the gardens on Saturday.

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Rigathi Gachagua had filed a petition to stop Parliament from proceeding with the swearing-in of Interior Cabinet Secretary Kindiki as his successor.

In response, Justice Chacha Mwita issued an order suspending the Senate's resolution and barred the National Assembly from appointing a replacement until October 24, when the matter will be reviewed by a bench appointed by Chief Justice Martha Koome.

Legal opinions are divided on whether Friday’s court orders would prevent the ceremony. “The order is overtaken by events, coming after the proper nomination and appointment of Prof. Kithure Kindiki,” Senior Counsel Tom Ojienda posted on X.

According to Article 148 of the 2010 Constitution; “The swearing in of the Deputy President-elect shall be before the Chief Justice or, in the absence of the Chief Justice, the Deputy Chief Justice and in public.”

Constitutional lawyer Shadrack Wambui, speaking to The Standard, noted that the swearing-in could coincide with Mashujaa Day celebrations, but emphasised that a separate date must be set.

“It can't take place on a public holiday. A distinct date must be designated for the Deputy President's swearing-in,” he said.

On Friday, National Assembly Speaker Moses Wetang’ula gazetted Kindiki as the deputy president-elect after MPs unanimously approved his nomination, clearing the path for Kindiki to assume office.

“It is notified that pursuant to Article 149(1), as read together with Article 122 of the Constitution, the National Assembly has, at its sitting held on Friday, October 18, 2024, voted in favor of the nomination of Kithure Kindiki to fill the vacancy in the Office of the Deputy President,” read the notice.

Speculation was rife on social media that Kindiki would be sworn in today, with plans reportedly underway for a ceremony at Uhuru Gardens.

However, Kindiki, the deputy president-designate and a ‘respecter of the rule of law,’ will now have to wait until the court's orders are lifted before assuming the role.