Kindiki on the path to history as Kenya's 13th Number Two

 

Former Deputy President Rigathi Gachagua and CS Interior Kithure Kindiki arive in Nyeri during a meeting on eradication of illict brew and drug abuse in Central Region. [File, Standard]

He was essentially ‘cheated’ out of the deputy presidency some two years ago. When Members of Parliament from the Mt Kenya region associated with the United Democratic Alliance (UDA) party at the time elected him candidate William Ruto’s running mate, it was expected that Kithure Kindiki would claim the prize.

But Dr Ruto had other plans! He picked then Mathira MP Rigathi Gachagua, the loser of every round of voting. Alas, Prof Kindiki was yesterday approved for a position he missed out on marginally.

“I, William Samoei Ruto, President and Commander-in-Chief of the Kenya Defence Forces, under Article 149 (1) of the Constitution, do hereby nominate Prof Kithure Kindiki, PhD, EGH, for consideration and confirmation through a vote of the National Assembly to be the next Deputy President of the Republic of Kenya,” the Head of State said in a memorandum to the National Assembly.

Ethnic background

Parliament unanimously voted to unite Kindiki with his destiny, making him the deputy president-designate, a resolution the High Court has temporarily stayed.

For the last two years, Kindiki has headed the Interior Ministry (with a one-month break when Ruto sacked most of his Cabinet), where he has had a mixed legacy.

The 52-year-old academician will take over as the country’s 13th deputy president if petitions challenging his appointment are dismissed. His journey to the seat that places him within the presidency has been full of setbacks and triumphs.

In a country where one’s ethnic background largely determines the limit of their ambitions, Kindiki’s ascendance to the deputy president’s office might have seemed unlikely, as he hails from a county of minorities, Tharaka-Nithi. This did not stop him from daring to dream, and he thought he had a fighting chance to occupy the presidency.

When he missed out on being Ruto’s running mate, the professor of law inadvertently made a prophecy that came true with his nomination as the DP. 

“I will remain available to my country in future should an opportunity arise to seek leadership positions that may be available. That future, I don’t know when it will be,” said Kindiki.

Ordinarily, his prophecy would not have come as soon as it did. Gachagua’s unprecedented impeachment aligned the outgoing minister’s stars. Had Kenya Kwanza MPs had their way and had the Head of State been persuaded by a selection panel formed to pick his running mate in 2022, Kindiki would, perhaps, be on his 778th day as DP today.

Soft-spoken

In Kindiki, Ruto has a loyal ally. He served as the President’s chief agent during the last general election and his lawyer when he faced charges of crimes against humanity at the International Criminal Court at The Hague following the post-2007 election violence in Kenya.

Since his selection as Cabinet Secretary, the soft-spoken Kindiki has never contradicted his boss. Neither did he wade into the differences between Ruto and Gachagua when others took sides.

Kindiki has consistently stood by the Head of State’s side, weathering the rough ‘handshake’ waters with ODM leader Raila Odinga.

His support for Ruto cost him the deputy speaker position during a purge led by former President Uhuru Kenyatta and supported by Odinga, a former Prime Minister.

In a gruelling debate, the teacher of International Law would warn of the consequences of injustices, such as the one he believed was meted upon him and his colleagues ousted in the purge.

“I bow in shame to note that we are here today for such an elitist triviality, powered by petty, divisive and vindictive politics,” Kindiki said then. “It does not bother me at all that the die is cast against me. What bothers me is that the Constitution of our country is once again indecently assaulted in full glare.”

He was Tharaka Nithi senator, a position he held between 2013 and 2017. He enjoyed an illustrious Senate career as majority leader before being promoted to the deputy speakership.

The outgoing minister’s name has been on most people’s lips as Gachagua’s probable replacement as Deputy President.  Days before the planned impeachment gained momentum, a section of lawmakers from Mt Kenya gathered to declare Kindiki their “point man” in the Mount Kenya region.

This was the clearest sign that Kindiki would take over the seat described by many as “cursed” for the troubles that trail its holders. Whether the law scholar’s diplomatic temperament will allow him to remain cordial with Ruto remains to be seen.

Kindiki and Gachagua know each other well having competed to be Ruto’s number two. A divisive vote by Mt Kenya lawmakers to decide Ruto’s deputy saw the then Deputy President overrule the majority and select Gachagua, the less experienced politician, as his number two.

Last month, MPs from the Mt. Kenya West region endorsed Kithure Kindiki as their preferred liaison to Ruto, citing his ability to advocate for the region’s interests within the national government. 

Kindiki, then serving his second term as Tharaka Nithi senator, beat Gachagua, a first-term lawmaker of Mathira, in every round of voting. He would skip Gachagua’s unveiling as running mate, announcing his retirement from politics.

“My political journey will be interrupted shortly on (the) 9th of August, 2022 because, as you are aware, after consultations with my party, I decided to disengage from county politics and concentrate on seeking national elective leadership positions,” said Kindiki, declaring that he would not be interested in any appointive position.

Gachagua’s allies would fault Kindiki for his sulking, arguing that it was the ultimate reason why Ruto had slighted Kindiki. 

“When Professor Kindiki realised that the President wanted Rigathi Gachagua, he switched off his phone and disappeared on us. He ran away and disappeared for three days. And so we told the President if the candidate the people are giving you is running away and switching off his phone, what kind of deputy president will he be?” Githunguri Member of Parliament Gathoni Wamuchomba recently recounted. 

Kindiki was favoured by most because of succession wars. Many of his supporters believed former President Uhuru Kenyatta’s throne in Mt Kenya would still be up for grabs with Kindiki as Deputy President.

They feared that having Gachagua, a Kikuyu, in the position would elevate him above the rest in the region. Ruto needed a running mate from Mt Kenya to bag the region’s vote. 

Some have argued that replacing Gachagua with Kindiki aims to split the Central Kenya vote, with Ruto keen on bagging the Meru and Tharaka Nithi.

“It is very obvious. The Mt Kenya region has always voted as a bloc and the President would want to split them,” said Timothy Onduru who teaches history at Moi University.

The Mt Kenya East region, from where Kindiki hails, has voted with their cousins in Central Kenya, and has perennially complained of being disenfranchised. Prof Kindiki’s appointment is seen as addressing this imbalance.

Surprised many

But Dr Onduru argued that Kindiki should be judged on merit. 

“It is good to let Kindiki try and judge him later. He was supposed to be Ruto’s first choice and has so far demonstrated that he is a steady leader. Gachagua leaves no shoes to be filled. His politics is very divisive,” stated Dr Onduru.

University professor of leadership and management Gitile Naituli also believes that Kindiki has what it takes to be a DP.

“What does he lack? He is a professor and has handled the Interior Ministry very well. The deputy president post is an easier job,” said Prof Naituli.

When he was picked to head the Interior Ministry, few thought he would make an impact. There was little doubt that he had the competency to sit in Cabinet but the general feeling was that he had been misplaced and often attracted comparisons to the tough-talking former CS Fred Matiangí.

Opposition lawmakers said he would struggle to deal with the bandits’ menace in the North Rift, Kindiki’s most urgent assignment. He, therefore, surprised many when he was able to oversee a return to some semblance of calm, although bandits have periodically staged attacks on populations.

Indeed, his clampdown on banditry stands out in his legacy, which also includes successes in containing the Al Shabaab insurgency and keeping the country safe. He stood firm in calling out differences in the National Police Service Commission which have previously hampered service delivery.

“As the Cabinet Secretary for Interior and National Administration, Kindiki has led and overseen the achievement of various milestones and reforms including the Police Equipment Modernisation Programme significantly enhancing the capabilities of Kenya’s security services; finalisation of a strategic framework to commence implementation of police reforms recommended by the Justice David Maraga Taskforce,” Kindiki’s CV reads in part.

When he rose to the ministry, Kindiki pushed for reforms in the Immigration Department, overseeing quicker issuance of passports.

The flip side of Kindiki’s legacy at the Interior Ministry includes overseeing human rights abuses by the police and unchecked police brutality. The police’s response to the recent youth-led uprising has earned the government international criticism.

Kindiki has defended the police’s actions, which many have argued have helped foster impunity and which has killed and abducted many Kenyans. The protests claimed more than 60 Kenyans, most in the hands of the police, with a previous wave of opposition demonstrations leading to the deaths of more than 70, most, if not all, in the hands of the police.

Bad light

Overseeing the police, Kindiki’s tenure has seen a continuation of alleged police interference by the Executive. In many instances, security agencies have acted as appendages of the Executive, which turns a blind eye to the ills they commit.

Last year, opposition politicians were arrested for participating in protests and were later released without charges. The detention of Kenyans without trial, such as activist Bob Njagi and brothers Aslam and Jamil Longton, has also cast the police service in a bad light.

Kindiki, a lawyer for over 24 years, has taught at Moi University and the University of Nairobi (UoN), where he was the head of the Department of Public Law and the Associate Dean of the law school.

He was promoted to associate professor of law at Kenyatta University. Kindiki undertook his undergraduate studies at Moi University and earned a Master of Laws degree, and a PhD in International Law from the University of Pretoria in South Africa. 

Born on July 16, 1972, in Tharaka-Nithi County, Kindiki hails from a family with a strong academic background. He grew up in the county, attending the Lenana School for his secondary education and later Tharaka Boys High School.