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The United States Ambassador to Kenya, Meg Whitman, on Wednesday, November 13, resigned from her ambassadorial role days after Donald Trump was elected as the 47th President of the United States.

Whitman, while announcing her resignation, revealed that she had already submitted her resignation letter to US President Joe Biden. Ambassadors serve under the Presidency, with the Head of State reserving the right to revoke any appointments at any time.

The resignation comes barely a week after Kenyans asked US President-elect Donald Trump to recall Whitman. Since protests broke out in June, resentment against Whitman has been on the rise with a section of those who criticised her faulting her for backing the government and her silence on vices such as forced disappearances and extra-judicial killings.

Meg Whitman went ahead to term her role as the US ambassador as an "honour and privilege" and that under her service, the United States was able to strengthen its partnership with Kenya.

President William Ruto and US Ambassador to Kenya Meg Whitman during a conference in May 2024.

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"From delivering emergency funding to alleviate catastrophic flooding in 2023 to the ongoing eradication of malaria, HIV, and MPOX, the US government prioritizes the health and welfare of our friends in Kenya," read part of Whitman's statement.

Other notable achievements the US ambassador to Kenya highlighted include the decision by Joe Biden's administration to elevate Kenya as its first major non-NATO ally in sub-Saharan Africa.

According to Whitman, the achievements reflected the importance of both countries' ability to stand for each other and protect the shared democratic values and enhanced security.

"Trade, jobs, and US investment in Kenya are at historic highs because of our efforts. We also responded to the skyrocketing demand for our consular services, reducing wait times for nonimmigrant visa appointments from more than two years to about two months," Whitman noted.

While underscoring the significance of her achievements in Kenya, Meg Whitman noted that her service in the country was at the request of President Joe Biden.

The US ambassador also took the opportunity to commend the incoming President Donald Trump even as she exuded confidence in the continued partnership between the US and Kenya.

"Our Embassy benefits from highly qualified Kenyan and American employees who will continue their efforts under the leadership of Chargé d'Affaires Marc Dillard to advance the shared goals on which our bilateral relationship has long been grounded," Whitman wrote.

"Our relations are stronger than ever, and I am confident this trajectory will continue. I will depart Kenya full of gratitude for the team that has worked tirelessly on my behalf, for the opportunity to serve my country."

President William Ruto (in brown) with US Senator Chris Coons (right), Amb Meg Whitman (left) and former CS Alfred Mutua at State House.

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President William Ruto on Tuesday, November 12, nominated Ahmed Issack Hassan as the chairperson of the Independent Policing Oversight Authority(IPOA) in several fresh key state appointments to government agencies.

In the announcement, the Head of State noted that Hassan was qualified for the position due to his wealth of experience in the legal field and having chaired the Independent Electoral and Boundaries Commission (IEBC).

"The nominee is an Advocate of the High Court of Kenya with 30 years' experience as a legal practitioner and consultant in various countries including Kenya, Somalia, South Sudan, Namibia, and Afghanistan," he stated.

"Mr. Hassan holds a Bachelor's Degree in Law (LL.B) from the University of Nairobi, a Postgraduate Diploma in Law from the Kenya School of Law, and a Diploma in Contemporary Public Administration Management from Galilee International Management Institute, Israel."

Former Independent Electoral and Boundaries Commission Chairperson Isaack Hassan during a past media briefing.

IEBC

Additionally, Ruto nominated seven other members to the IPOA, with Ann Wanjiku Mwangi, Micah Onyiego Nyakego, Boniface Kipkemoi Samati, Annette Mbogoh, John Muchiri Nyaga, Kenwilliams Nyakomitah and Jackline Lukalo Mwenesi set to be vetted alongside Hassan to take over the authority.

Ruto also nominated Charles Orinda Dulo who upon vetting will be the country's next Ombudsman, serving as the Commission Administrative Justice (CAJ) chairperson.

Dulo was among the founding members of the faculty of Daystar University's School of Law where he still serves as a lecturer. He has also lectured law at various universities including Strathmore University School of Business, Daystar University School of Law, and Jomo Kenyatta University of Science and Technology(JKUAT) School of Law.

''He holds a Bachelor's Degree in Law (LL.B) and a Master's Degree in Law (LL.M) from the University of Nairobi; and a Postgraduate Diploma in Law from the Kenya School of Law,'' Ruto stated in the appointment document.

Former Starehe Member of Parliament Charles Njagua Kanyi has also been handed a public service lifeline by being nominated to be a member of the CAJ alongside Dorothy Jemator Kimengech.

The President also made fresh appointments for nominees to the Salaries and Remuneration Chairperson Commission (SRC) where Sammy Chepkwony has been announced as the new chairperson designate.

Chepkwony will upon successful approval by the Parliament, be serving at the SRC alongside six other members including Martin Kizito Ong'oyi, who will represent the Defence Council and Mohamed Aden Abdi who will represent County Governments.

Others include Leonid Ashindu, Gilda Odera, Geoffrey Apollo Omondi and Jane Gatakaa Njage.

The President also made appointments to the National Gender Equality Commission (NGEC) where Rehema Dida Jaldesa was designated the chairperson nominee. Jaldesa held various leadership positions over the last three administrations, key among them being in the twelfth parliament, where she served as Isiolo County Women Representative.

Additionally, the Head of State has nominated a candidate for the position of Second Deputy Governor of the Central Bank of Kenya, where he has nominated professional banker Gerald Nyaoma Arita for the position.

The Central Bank of Kenya

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Kithure Kindiki was on Friday morning formally sworn in as the new deputy president, replacing Rigathi Gachagua who was impeached by the Senate last month.

During the swearing-in ceremony, Kithure Kindiki took two oaths, the oath of allegiance and the oath of office. The oath-taking process was conducted by Judiciary Registrar Winfred Mokaya and witnessed by Chief Justice Martha Koome.

"I, Kithure Kindiki, in full realisation of the high calling, I assume as the deputy president of the republic of Kenya, do swear, that I will be faithful and bear true allegiance to the republic of Kenya, that I will obey, preserve, protect and defend this constitution of Kenya as by law established and all other laws of the republic, and that I will protect, and uphold the sovereignty, integrity and dignity of the people of Kenya, so Help me God," Kindiki affirmed the oath of allegiance.

"I Kithure Kindiki, do swear that I will always truly, and diligently serve the people of Kenya in the office of the deputy president of the Republic of Kenya. I will diligently discharge my duties and perform my functions in the said office to the best of my judgment. That I will at all times when so required, faithfully and truly give my advice to the president of the Republic of Kenya, that I will do justice to all without fear, favour, affection or ill-will and that I will not directly or indirectly reveal such matter as shall come to my knowledge in the discharge of my duties and committed to my secrecy, so Help me God," Kindiki affirmed the oath of office.

Kenyans witnessing the swearing-in ceremony of Kithure Kindiki as the deputy president at KICC on November 1, 2024.

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The oath of allegiance is also referred to as the solemn affirmation of allegiance of the deputy president. It signifies the commitment made by the leaders to assure the country of their willingness to protect the constitution and uphold Kenyans' sovereignty, integrity and dignity.

After subscribing to the two oaths, the newly appointed deputy president signed the certificates, paving the way for CJ Koome to declare Kindiki as the duly appointed second in command.

Kindiki was guided on signing the two oaths by Attorney General Dorcas Oduor. Kindiki signed three copies of the oaths, the first set of oaths would be retained by the deputy president as a solemn reminder of the commitment he has made to Kenyans.

The second set of oaths would be handed over to the Head of Public Service Felix Koskei for custody while the third set would be retained by the Judiciary.

Moments after signing the oaths, President William Ruto was invited on dias by the Chief Registrar of the Judiciary for the ceremonial handover of the Constitution of Kenya to Deputy President Kithure Kindiki.

While speaking after completing the oath-taking session, the new deputy president commended President Ruto for granting him the chance to serve in one of the highest offices in the country.

"Words fail me to explain how grateful I am today. I will say that I am grateful to Almighty God who orders the steps and affairs of every human being on earth. I am grateful to you sir for the honour you have given me to serve under you," Kindiki said.

His swearing-in followed hours after the High Court in Nairobi lifted the conservatory orders issued by a court in Kerugoya and Nairobi that barred his appointment.

President William Ruo (left) and Kithure Kindki

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The government declared Friday, November 1, as a public holiday, to mark the swearing-in of new Deputy President nominee Kithure Kindiki.

Acting Interior Cabinet Secretary Musalia Mudavadi gazetted the public holiday following the creation of the swearing-in committee by the Chief of Staff Felix Koskei.

"It is notified for the general information of the public that the Cabinet Secretary for Interior and National Administration, in the exercise of the powers conferred by section 3 of the Public Holidays Act, and sections 3 (b) and 12 (3) of the Assumption of Office of President Act, declares Friday, the 1st November, 2024, to be a public holiday, being the date of the swearing-in of the Deputy President-designate," read the notice in part.

This is after the court lifted conservatory orders that had blocked Kindiki's swearing-in. The three-judge bench consisting of Justices Eric Ogolla, Anthony Mrima, and Fridah Mugambi noted that staying the conservatory orders would immensely hamper the operations of the government as mandated by the constitution.

Kithure Kindiki being sworn in as the Interior Cabinet Secretary in August 2024

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"We are convinced and find that the current constitutional framework does not envision any scenario in which the office of the DP would remain vacant except during the brief period required to fill a vacancy," Justice Mrima noted on Thursday.

Following the orders, impeached Gachagua now ceases to be Kenya's Deputy President.

Lawyers representing the National Assembly led by Tom Ojienda, had urged the three-judge bench to lift the conservatory orders to pave the way for Kindiki's swearing-in.

The office of the Chief of Staff Felix Koskei, appointed the Secretary to the Cabinet, Mercy Wanjau to lead a twenty-member committee to preside over Kindiki's swearing-in.

Among the Committee Members that were appointed include Attorney General Dorcas Oduor, the Chief Registrar of the Judiciary Winfridah Mokaya, Principal Secretaries Julius Bitok (Citizen Services),and Patrick Mariru (Defence).

Others are Edward Kiang'ani (Information and Broadcasting), Idris Dokota (Cabinet Affairs), Teresinh Mbaika (Devolution), and Untmi Bashir (Culture).

The announcement is Mudavadi's first order in his acting role as the Interior Cabinet Secretary.

Kenyans will also use the holiday to celebrate the Diwali festivals that were otherwise not gazzeted as a public holiday, with President Ruto promising to sponsor a bill to make it an official holiday. 

President William Ruto at Kenyatta International Convention Centre, Nairobi, for the Banking Industry Inua Biashara Small And Medium Enterprise Exhibition, on Wednesday, October 16.

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Prime Cabinet Secretary Musalia Mudavadi has been appointed as acting Cabinet Secretary for the Interior and National Administration Ministry.

President William Ruto under an executive order released on Thursday named Prime CS Musalia Mudavadi as the acting Interior cabinet secretary. 

It comes as Kithure Kindiki is set to be sworn in on Friday DP at KICC, Nairobi at 10 am; Mercy Wanjau, the head of assumption of office committee says.

The Prime Cabinet Secretary and the acting cabinet secretary for the Interior and National Administration Ministry at the same time, declared Friday, November 1, 2024, to be a public holiday being the date of swearing in deputy president Kithure Kindiki.

Prime Cabinet Secretary Musalia Mudavadi speaking during a colloquium on the review of Kenya's Foreign Policy on July 30, 2024.

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Musalia Mudavadi

The appointment comes as the former CS of Interior and National Administration Ministry, Kithure Kindiki is set to be sworn in tomorrow on Friday.

It is after the High Court on Thursday lifted the conservatory orders that had curtailed the swearing-in of Kithure Kindiki as the deputy president nominee to replace ousted Rigathi Gachagua.

The three-judge bench composed of Justices Eric Ogolla, Anthony Mrima and Fridah Mugambi ruled that the conservatory orders would immensely hamper the operations of the government as mandated by the constitution.

In their verdict delivered in Nairobi, the bench also noted the office of the deputy president needs continuity as such, there was no need to have the orders standing.

According to Justice Anthony Mrima, the public interest and constitutional provision demanded that the office of the deputy president should not remain vacant.

Musalia Mudavadi will dispense the roles of the Cabinet Secretary of Interior and National Administration Ministry in an acting capacity as the position awaits to be filled by President William Ruto.

It comes as President Ruto flew to Bujumbura, Burundi to attend the Common Market for Eastern and Southern Africa (COMESA).

Kithure Kindiki is set to be sworn in as the new Deputy President tomorrow at the Kenyatta International Convention Centre (KICC), Nairobi after the High Court set aside orders barring the ceremony following the impeachment of Gachagua

Kithure Kindiki being sworn in as the Interior Cabinet Secretary in August 2024

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The government has gazetted a twenty-member committee to preside over the swearing-in of Kithure Kindiki as the new deputy president, replacing impeached Rigathi Gachagua.

In a gazette notice published on Thursday, October 31, the office of the Chief of Staff Felix Koskei, appointed the Secretary to the Cabinet, Mercy Wanjau to lead the committee.

Other members appointed to the swearing-in committee include Attorney General Dorcas Oduor, the Chief Registrar of the Judiciary Winfridah Mokaya, Principal Secretaries Julius Bitok (Citizen Services), Patrick Mariru (Defence), Raymod Omollo (Interior and Coordination) and Chris Kiptoo (Treasury).

Others include Principal Secretaries Korir Sing'oei (Foreign Affairs), Edward Kiang'ani (Information and Broadcasting), Idris Dokota (Cabinet Affairs), Teresinh Mbaika (Devolution), Untmi Bashir (Culture), Chief of Defence Forces Charles Kahariri, National Intelligence Services Director Noordin Haji and Inspector General of Police Douglas Kanja.

Kithure Kindiki being sworn in as the Interior Cabinet Secretary in August 2024

DPPS

"Whereas to facilitate the assumption to office of the Deputy President-Designate, the swearing-in of the deputy president-designate shall be undertaken by the assumption of the office of deputy president committer comprising members of the assumption of the office of president committee, with the necessary modifications as utility," read part of the gazette notice.

While making the announcement, Felix Koskei stated that the committee was constituted following a High Court ruling issued on Thursday noon that lifted the interim orders that initially barred Kindiki's appointment and subsequent swearing-in.

The appointment of the committee also followed the National Assembly's approval of the appointment of Kithure Kindiki as the new Deputy President, which paved the way for his swearing-in.

On Thursday noon, the High Court in Nairobi lifted the conservatory orders issued by the Nairobi and Kerugoya courts that stopped the appointment and swearing-in of Kithure Kindiki as the deputy president.

The three-judge bench consisting of Justices Eric Ogolla, Anthony Mrima, and Fridah Mugambi noted that staying the conservatory orders would immensely hamper the operations of the government as mandated by the constitution.

According to Justice Anthony Mrima, the public interest and constitutional provision demanded that the office of the Deputy President should not remain vacant.

"We are convinced and find that the current constitutional framework does not envision any scenario in which the office of the DP would remain vacant except during the brief period required to fill a vacancy," noted Justice Mrima.

"The applications for conservatory orders are hereby disallowed. The conservatory orders on October 18, 2024, in Kerugoya High Court are hereby discharged and set aside," Justice Ogolla pronounced.

A three-judge bench of the high court in Nairobi during the hearing of an application filed by former Deputy President Rigathi Gachagua's legal team

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Judiciary

The High Court in Nairobi on Thursday lifted the conservatory orders that stopped the appointment and swearing-in of Kithure Kindiki as the deputy president replacing Rigathi Gachagua.

The three-judge bench consisting of Justices Eric Ogolla, Anthony Mrima, and Fridah Mugambi noted that staying the conservatory orders would immensely hamper the operations of the government as mandated by the constitution.

According to Justice Anthony Mrima, the public interest and constitutional provision demanded that the office of the deputy president should not remain vacant.

"We are convinced and find that the current constitutional framework does not envision any scenario in which the office of the DP would remain vacant except during the brief period required to fill a vacancy," noted Justice Anthony Mrima.

A three-judge bench of the high court in Nairobi during the hearing of an application filed by former Deputy President Rigathi Gachagua's legal team

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Judiciary

"The applications for conservatory orders are hereby disallowed. The conservatory orders on October 18, 2024, in Kerugoya High Court are hereby discharged and set aside," Justice Eric Ogolla pronounced.

The ruling comes after lawyers representing the National Assembly led by former Attorney General Githu Muigai urged the three-judge bench to lift the conservatory orders to pave the way for a swearing-in.

While addressing the court, lawyer Githu Muigai argued that the office of the deputy president was vacant and that the conservatory order had been overtaken by events.

Githu Muigai's sentiments were backed by lawyer Tom Ojienda who noted that staying the conservatory orders would create a discontinuity in the operations of the government. "The orders fly in the face of public interest because there shouldn't be an interregnum. The wider public interest is greater than one man," Ojienda stated.

On October 11, the High Courts in Nairobi and Kerugoya issued conservatory orders stopping the appointment and swearing-in of Kithure Kindiki as the DP. 

Justice Chacha Mwita in his ruling, observed that the petition filed by Gachagua's legal team raised critical constitutional issues affecting not only the functioning of the constitution but also the fundamental tenets of the law.

The judge also noted that the petition raised substantial questions of law and public interest and therefore fit to be heard by a bench of judges appointed by Chief Justice Martha Koome.

"That in the meantime, due to the issues raised in the petition and application, and the urgency demonstrated, a conservatory order is hereby issued staying implementation of the resolution by the Senate upholding the impeachment charges against the petitioner, the Deputy President of Kenya," the orders read.

An image of Milimani Law courts.

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The High Court in Nairobi on Thursday dismissed President William Ruto's plea to have the case involving the impeachment of former Deputy President Rigathi Gachagua be referred to the Supreme Court for hearing.

The three-judge bench consisting of Justices Eric Ogolla, Anthony Mrima and Fridah Mugambi ruled that the High Court had the jurisdiction to hear the case.

According to Justice Fridah Mugambi, the hearing of the petition challenging the impeachment of the deputy president was a constitutional process and thus the High Court, just like the Supreme Court, had equal powers to determine the case.

"It is undisputed that the impeachment of the deputy president is a constitutional process & the authority to determine whether the merits and procedure of such impeachment process falls squarely within the jurisdiction of the High court," Justice Fridah Mugambi noted.

An image of Milimani Law courts.

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"The jurisdiction to hear disputes arising from the impeachment of a president and deputy president does not lie with the Supreme Court within the realm of original and exclusive jurisdiction. We do hereby find and hold that this court has the jurisdiction to sit and determine the matter that is before it."

On October 22, President William Ruto's legal team protested the decision by the High Court to hear and determine the case on the impeachment of the former deputy president.

According to the Head of State, the High Court had on jurisdiction to hear and determine the matter and that the matter should be preserved for the Supreme Court.

The Head of State further noted that under the Constitution of Kenya 2010, civil proceedings cannot be instituted in any court against the President or the person performing the functions of the Office of the President during their tenure of office.

"The Petition herein filed in this Honorable Court in clear disregard of the law is a misuse of the due process of court, hence cannot be countenanced and determined by this Honorable Court," read part of the notice by President Ruto's lawyer to the court.

Ruto was forced to intervene after impeached Deputy President Rigathi Gachagua moved to court to stop nominated DP Kithure Kindiki from being sworn in and assuming office.

High Court Judge Chacha Mwita on October 13, issued conservatory orders stopping Kithure Kindiki's swearing-in. According to Justice Chacha, the petition raised pertinent constitutional questions that needed to be heard by a bench of judges appointed by Chief Justice Martha Koome. 

"Due to the issues raised and the urgency of the matter, a conservatory order is hereby issued, staying the implementation of the resolution of the Senate upholding the impeachment charges against the petitioner," read the court order.

A collage of former Deputy President Rigathi Gachagua and Deputy President Kithure Kindiki, October 18, 2024.

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Courtesy

The Supreme Court of Kenya on Tuesday overturned the Court of Appeal's judgment on the 2023 Finance Bill terming it Constitutional.

The lower courts had ruled that the Finance Act 2023 was unconstitutional after the shelving of the 2024 version. Petitioners argued that public participation was not lawfully conducted and  as such, the piece of legislation was null and void.

The Supreme Court, however, ruled that public participation in the Finance Act 2023 was lawfully conducted.

"The preliminary objection on this Court's jurisdiction is overruled," Ruled the Supreme Court adding, "We hereby set aside the Court of Appeal's finding declaring the entire Finance Act, 2023 unconstitutional."

Chief Justice Martha Koome during the unveiling of the Judiciary’s Performance Report 2022/2023 on July 26, 2024.

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Zakheem Rajan

This consolidated appeal concerned the legislative processes leading to the enactment of the Finance Bill upon receiving Presidential assent on June 26, 2023. 

The Supreme Court in its verdict, however, upheld the two findings issued by the Court of Appeal. "We uphold the question relating to Section 84 (Affordable Housing Levy) introduced by the Finance Act, 2023 before the Court of Appeal was moot," the Supreme Court ruled.

Nonetheless, the Apex court upheld the Court of Appeal's ruling that Sections 76 and 78 of the Act amending Section 7 of the Kenya Roads Act and Section 87 of the Act amending Section 28 of the Unclaimed Financial Assets Act as unconstitutional as they were neither incidental nor directly connected to the money Bill.

A total of 11 petitions were lodged before the High Court by the 49 respondents, all of which challenged the constitutionality of the Finance Act, 2023.

The petitioners argued that parts of the Finance Act 2023 Act went beyond the scope of a Money Bill as defined in Article 114 of the Constitution. 

They also pointed out that the legislative process of the constitution of the bill lacked concurrence from both the Speakers of the National Assembly and the Senate.

According to the petitioners, the Senate did not consider the Bill, despite it containing matters touching on County Governments. The petitioners also submitted that the law was not subjected to public participation at the devolved units, arguments which the Supreme Court ruled out.

The Court of Appeal had dismissed the contentions on the Affordable Housing levy and Statutory Instruments Act as being moot. Additionally, it dismissed the cross-appeals for being devoid of merit except to the extent that the High Court misconstrued its jurisdiction under Article 165 in holding that it had no jurisdiction to intervene in policy matters.

The cross-appeal had sought an order to have all taxes collected from the date of enactment of the Act be refunded to the public.

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Impeached Deputy President Rigathi Gachagua on Monday, October 28, filed a petition at the Court of Appeal seeking to stop the ongoing proceedings at the High Court while detesting the three-judge bench.

He wants the Appellate Court to issue an injunction stopping the impeachment hearing at the High Court over dissatisfaction after a ruling by the three judges failed to declare that Deputy Chief Justice Philomena Mwilu acted unlawfully in appointing them.

Gachagua through his lawyer John Njomo stated that the rulings were inaccurate, erroneous and were a misinterpretation of Article 165 (4) of the Constitution.

He further argued that Articles 25, 27, 47, 48, 50 (1) and 260 of the Constitution only accords the Chief Justice the powers to empanel a bench and not any other judicial officer.

A collage of Former Deputy President Rigathi Gachagua and Milimani Law Courts, October 15.

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Courtesy

“The applicant contends that the stated ruling is based on not only a misinterpretation of Article 165 (4) of the Constitution but also a violation of Articles 25, 27, 47, 48, 50 (1) and 260 as the Constitution accords the power to empanel and assign judges to only the Chief Justice of Kenya...therefore the DCJ has no power to assign and empanel Judges,” the Petition read in part.

''That the actions and omissions of the impugned Bench are not only, wrong and unlawful but incorrect, and unprocedural,'' it added.

According to the petition, Gachagua through his lawyers argued that should the Court of Appeal fail to rule in his favour, the he would be denied the right to a fair hearing.

He also added that his prayers should be answered so that his appeal does not become null and void.

''That unless the said orders are issued, any delay shall result in irreparable prejudice of the Applicant's rights to a Fair Trial & Hearing and ultimate loss of the substratum of his Petition E565 of 2024 which shall ultimately render both the intended Appeal herein and the Petition E565 of 2024 a nugatory, superfluous and moot,'' the Petition added.

Last week, the three judges, justices Eric Ogola, Anthony Mrima, and Frida Mugambi, ruled that Mwilu acted lawfully by constituting the bench on behalf of Chief Justice Martha Koome.

Justice Mrima, while reading the ruling, referenced Article 165 (4) of the Constitution which he stated granted authority to the Deputy Chief Justice to act on behalf of the Chief Justice on distinct occasions such as the one challenged by Gachagua's legal team.

"It is, therefore, our finding that the constitutional function of the CJ to assign benches, being an administrative function, can be performed by the DCJ when the CJ, for good reason, is unable to perform," noted Justice Mrima.

A photo of the Court Bench

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The Judiciary of Kenya