By James Murimi - Reporter
Kenya, 8 June 2026 - A three-judge bench on Monday upheld the appointment of Deputy President Kithure Kindiki, ruling that he lawfully resigned from the Cabinet before assuming the country's second-highest office and therefore met constitutional requirements.
In a landmark judgment delivered by Justices Eric Ogolla, Anthony Mrima and Freda Mugambi, the court found that Prof Kindiki had formally severed ties with the Cabinet and gazetted his resignation before taking the oath of office as Deputy President, effectively curing any potential conflict with constitutional provisions governing eligibility for the position.
"The evidence before this court establishes that despite the unique circumstances of his nomination, His Excellency Prof Kithure Kindiki formally resigned from the Cabinet and gazetted his exit prior to taking the oath of office as Deputy President," the judges ruled.
The court further held that by resigning before assuming office, Kindiki satisfied the requirements of Article 137 and Chapter Six of the Constitution, which seek to safeguard integrity and prevent conflicts of interest among holders of high public office.
"This ground of challenge therefore fails," the bench declared.
The judges also rejected claims that the speed with which Kindiki was nominated and approved after the Senate resolution that removed former Deputy President Rigathi Gachagua pointed to a pre-arranged process.
Petitioners had argued that the rapid sequence of events following the Senate's decision — including the gazettement of the vacancy, presidential nomination and parliamentary approval — undermined constitutional values of transparency, accountability, public participation and fairness.
However, the court found that the Constitution expressly contemplates swift action whenever a vacancy arises in the office of the Deputy President.
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The judges held that Article 149 requires prompt filling of the position to ensure continuity and stability within the national executive, adding that speedy compliance with a constitutional duty cannot, on its own, amount to constitutional impropriety.
"There is no doubt that the framers of our Constitution deliberately contemplated speed in filling a vacancy in the office of the Deputy President," the court ruled, noting that the objective was to avoid a leadership vacuum at the apex of government.
The ruling is a major setback for former Deputy President Rigathi Gachagua, who had moved to the High Court seeking to overturn his impeachment and challenge the legality of Kindiki's subsequent appointment.
Gachagua had asked the court to declare the impeachment process unconstitutional, arguing that it lacked adequate public participation and violated principles of fairness. He also sought compensation, salaries and benefits allegedly lost following his removal from office, as well as orders quashing resolutions passed by both the National Assembly and Senate.
The former Deputy President made history in October 2024 as the first holder of the office to be impeached after the Senate upheld charges against him, paving the way for Kindiki's elevation to the position.
Monday's ruling cements Kindiki's tenure and clears one of the most significant legal hurdles arising from the dramatic political fallout that culminated in Gachagua's removal from office.