A three-judge bench has upheld the appointment of Prof. Kithure Kindiki as Deputy President, ruling that the process followed the Constitution and did not require public participation.
The decision was delivered on Monday by Justice Eric Ogola, Justice Anthony Mrima, and Justice Dr. Freda Mugambi, bringing clarity to a matter that had generated public and legal debate.
In their judgment, the judges stated that the Constitution clearly outlines the procedure for filling a vacancy in the Office of the Deputy President when it occurs during a term.
The court pointed to Article 149, which provides that if the office becomes vacant through death, resignation, or impeachment, the President has the authority to nominate a replacement, subject to approval by Parliament.
The bench found that this process is procedural and adjudicative in nature rather than consultative.
As a result, the judges ruled that public participation was not a constitutional requirement in the appointment of Prof. Kindiki.
According to the court, Parliament exercises delegated sovereign authority on behalf of the people when considering and approving a nominee for the position of Deputy President.
The judges noted that the Constitution assigns Parliament the responsibility of carrying out this approval process, making public participation unnecessary at that stage.
“The approval of a Deputy President nominee for appointment as the substantive Deputy President does not require public participation. In undertaking such approval, Parliament exercises delegated sovereign authority on behalf of the people, as provided for under the Constitution,” the court stated.
The judges also addressed concerns regarding the removal of a Deputy President from office.
They observed that Article 150 of the Constitution does not provide a detailed legal framework governing the impeachment process of a Deputy President.
According to the bench, the absence of a comprehensive law leaves important procedural questions open to interpretation and determination by the courts.
The judges warned that this situation could affect institutional certainty and public confidence in the process.
As a result, the court recommended that Parliament urgently enact legislation to provide a clear framework for the impeachment of a Deputy President under Article 150.
However, the judges emphasized that the lack of such legislation does not invalidate the impeachment proceedings that were conducted against former Deputy President .
The court noted that Articles 144 and 145 of the Constitution provided the minimum constitutional standards required for the process.
It added that Parliament relied on these provisions to ensure that the rights and protections available to the Deputy President were observed during the proceedings.
