The Process for Kithure Kindiki to Become Deputy President: Key Facts and Legal Steps

With the current court proceedings regarding the potential impeachment of Deputy President Rigathi Gachagua, there has been much speculation surrounding the possibility of Kithure Kindiki becoming the next Deputy President. Here’s a breakdown of the legal and procedural facts that must take place for such a scenario to unfold:

1. Rigathi Gachagua’s Exit: For Kithure Kindiki to be considered for the role of Deputy President, Rigathi Gachagua must first vacate the office. This can happen in one of three ways:
   • Resignation: Gachagua voluntarily steps down from his position.
   • Death: A vacancy occurs due to Gachagua’s passing.
   • Impeachment: Gachagua is removed from office through a fair and credible impeachment process.
2. Impeachment Process and Appeals: If Rigathi Gachagua does not resign or pass away, impeachment remains the only legal route for his removal. However, even if an impeachment process is initiated and successfully completed, Gachagua retains the right to:
   • Explore all avenues of appeal, including challenging the impeachment in court.
   • Pursue his case up to and including the Supreme Court if necessary.
   A vacancy in the Deputy President’s office would only occur once all appeal avenues have been exhausted and a final ruling has been made.
3. Kindiki’s Eligibility: Even in the event of Gachagua’s resignation, death, or impeachment, Kithure Kindiki’s path to becoming Deputy President involves meeting several key criteria:
   • Resignation from the Cabinet: Kindiki must have resigned from his position as Cabinet Secretary (CS) at least six months before the resignation, death, or impeachment of Gachagua.
   • Party Affiliation: Kindiki must have joined the United Democratic Alliance (UDA) at least six months before his nomination for the Deputy President role.
4. Nomination Process: Once a vacancy occurs, the following steps would need to take place:
   • The UDA party and the President would formally nominate Kindiki as the Deputy President.
   • A properly constituted Independent Electoral and Boundaries Commission (IEBC) must be in place to handle the nomination process.
5. IEBC and National Assembly Involvement: After the nomination by UDA, Kindiki’s name must be:
   • Presented to the IEBC for clearance and official nomination as Deputy President.
   • Upon IEBC’s clearance, President William Ruto would submit Kindiki’s name to the National Assembly for vetting and confirmation.

Only after these procedural steps are followed, and all legal and constitutional requirements are met, could Kithure Kindiki officially take up the role of Deputy President.

This process highlights the intricate legal framework that governs the succession to the office of the Deputy President in Kenya, ensuring that it adheres to the rule of law and due process at every stage.