NAIROBI, Kenya –The High Court has ruled that public participation was not a constitutional requirement in the nomination and appointment of Deputy President Kithure Kindiki following the impeachment of former Deputy President Rigathi Gachagua.
In its judgment on Monday, the three-judge bench held that neither the Constitution nor any legislation requires public participation in the nomination process for a Deputy President under Article 149 of the Constitution.
The court found that the process followed after Gachagua’s removal from office complied with the constitutional framework governing the filling of a vacancy in the Office of the Deputy President.
The judges noted that once a vacancy arises, the President is required to nominate a person to fill the position, subject to approval by the National Assembly.
The court further held that there is no constitutional or statutory provision mandating public participation before the President makes such a nomination.
The ruling addressed one of the issues raised in petitions challenging Kindiki’s appointment, where petitioners argued that the process was unconstitutional because members of the public were not involved.
However, the bench found that the law is silent on any requirement for public participation in the nomination of a Deputy President and therefore such a process could not be imposed where the Constitution does not expressly provide for it.
President William Ruto nominated Kindiki for the position after Parliament impeached Gachagua in October 2024. The National Assembly subsequently approved the nomination before Kindiki was sworn into office. The approval process had previously attracted legal challenges, including claims that public participation should have been conducted.
The decision forms part of the High Court’s judgment on several petitions challenging Gachagua’s impeachment and the subsequent appointment of Kindiki as Deputy President.
