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Kenya has for the first time found itself in political turmoil following the impeachment of Deputy President Rigathi Gachagua.
Senators upheld his ouster last Thursday, October 17, 2024.
According to lawyer Adrian Kamotho, once the deputy president has been impeached, he ceases to hold office.
After Gachagua's impeachment, Parliament on Friday approved the nomination of Kithure Kindiki as DP in a special sitting Friday paving the way for the swearing-in.
Kindiki was to be sworn in on Saturday, October 19, 2024.
However, two petitioners, David Munyi Mathenge and Peter Gichobi Kamotho, moved to court seeking to stop the swearing-in.
The Senate, the Speaker of the Senate, and two others have been sued in the case filed at the Kerugoya High Court.
They sought the orders after the National Assembly approved the nomination of Kindiki as the new Deputy President, a day after the Senate voted to impeach Gachagua.
It will now come up for interpartes hearing Tuesday.
"That, in light of the urgency of the matter and the weighty issues raised therein, we direct that the application be served and responded to forthwith, for hearing inter-parties on Tuesday 22nd October 2024," the orders issued by Githiru Freda Mugambi reads.
As both parties cross their fingers ahead of the hearing, Kenyans have now been left grappling with uncertainty and concerns.
There are questions about political governance and the future direction of the nation.
Do we have a Deputy President?
No. This indicates that the country is experiencing a constitutional crisis, as the President is currently performing his responsibilities without a principal assistant as envisaged.
The role of a DP is crucial in the functioning of the government, often filling the gaps left by the President.
It should be noted that a total of 26 cases were filed in various courts to stop the parliament from proceeding with the impeachment process.
The courts, however, restrained.
What does the law say?
According to lawyer Adrian Kamotho, once the deputy president has been impeached, he ceases to hold office.
"Currently, we do not have a deputy president, what we have is a deputy president-elect...a DP who is a heartbeat away from the position," he states.
He adds "Nobody should mislead people about court orders, it stayed the implementation of the resolution not to stay the resolution."
Kamotho argues that the process had advanced to a point where a new deputy president had already been nominated.
He said, "By the time it was issued on Friday, the ground had shifted, the vacancy had been announced and a new person nominated and approved."
The matter will be heard a three-judge bench of Justices Eric Ogola, Anthony Mrima and Freda Mugambi in an open court.
Vacancy in the office of the DP
Once impeached, the constitution outlines the process of filling the vacancy.
This is provided for in Article 149.
It states that within 14 days after a vacancy in the office arises, the President shall nominate a person to fill the vacancy.
The National Assembly shall vote on the nomination within 60 days after receiving it.
A person shall be deemed to have served a full term if they have been in office if more than two and a half years remain before the date of the next regularly scheduled election.
