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President Ruto Cancels JKIA & KETRACO Deals With Adani

President William Ruto addressing a joint sitting of the National Assembly and the Senate at Parliament buildings on November 21, 2024, Nairobi.
President William Ruto addressing a joint sitting of the National Assembly and the Senate at Parliament buildings on November 21, 2024, Nairobi.
PCS

President William Ruto has directed Transport Cabinet Secretary Davis Chirchir and his Energy counterpart Opiyo Wandayi to end the ongoing public-private partnership discussion with Adani Group Holdings.

Speaking on Thursday, November 21, during his State of the Nation address in Parliament, the Head of State revealed that his directive was influenced by the provision of undisputed evidence or credible information on corruption.

"I have stated in the past, and I reiterate today, that in the face of undisputed evidence or credible information on corruption, I will not hesitate to take decisive action," stated the Head of State.

According to Ruto, the decision to stop the government's contractual engagements with the Adani Group stemmed from key transparency considerations that the deal had violated. 

A photo of the National Assembly during the joint sitting addresss by President William Ruto on Tuesday, November 21, 2024 in Nairobi.
A photo of the National Assembly during the joint sitting address by President William Ruto on Thursday, November 21, 2024, in Nairobi.
PCS

''Accordingly, I now direct - in furtherance of the principles enshrined in Article 10 of the Constitution on transparency and accountability, and based on new information provided by our investigative agencies and partner nations - that the procuring agencies within the Ministry of Transport and the Ministry of Energy and Petroleum immediately cancel the ongoing procurement process for the JKIA Expansion Public Private Partnership transaction, as well as the recently concluded KETRACO transmission line Public Private Partnership contract, and immediately commence the process of onboarding alternative partners,” he announced.

President Ruto's announcement on the Kenya-Adani deal came less than a day after the company's directors were indictment in an ongoing case at the United States of America's federal court over a Ksh32 billion corruption allegation.

Gautam Adani, the group CEO, along with seven other executives in the multibillion-dollar company, were indicted by the Department of Justice (DOJ) in New York for bribing Indian government officials.

According to the indictment, the Adani Group has for years bribed officials to lie to US investors and acquire green energy supply contracts for the group’s Adani Green subsidiary.

According to a report by CNN, Deputy Assistant Attorney General Lisa Miller stated that the bribes were to facilitate the officials lying to investors and banks to raise billions of dollars and to obstruct justice.

''This indictment alleges schemes to pay over $250 (approximately Ksh32 billion) million in bribes to Indian government officials. These offences were allegedly committed by senior executives and directors to obtain and finance massive state energy supply contracts through corruption and fraud at the expense of US investors,” she stated.

Ruto's directive comes as a spat on the Energy CS Opiyo Wandayi who earlier, while appearing before the Senate Committee on Finance on Thursday, November 21, defended the government on the Adani engagement amid court battles.

Wandayi while indicating that the government would have proceeded with the deal, insisted that due diligence had been done on the Adani Group.

''On the matter of Adani's indictment, under section 41 of the Private Public Partnership(PPP) Act, we have an elaborate mechanism for undertaking due diligence. The PPP Directorate domiciled under the Treasury in coordination with KETRACO conducted a due diligence exercise on Adani Energy Solution in two phases,’’ Wandayi stated.

A collage of Adani Group CEO, Gautam Adani, President William Ruto, and Energy CS Opiyo Wandayi, Thursday, November 21.
A collage of Adani Group CEO, Gautam Adani, President William Ruto, and Energy CS Opiyo Wandayi, Thursday, November 21.
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Kenyans.co.ke

EPRA Announces November Fuel Prices

A man fueling a car at a petrol station
A man fueling a car at a petrol station
Photo
New Vision

The Energy and Petroleum Regulatory Authority (EPRA) on Thursday announced the prices of Super Petrol, Diesel and Kerosene remain unchanged in the November fuel review.

In the latest fuel review, EPRA noted that Super Petrol will continue to retail at Ksh180.66 and diesel retail at Ksh168.06. Meanwhile, Kerosene was also retained at Ksh 151.39.

EPRA further noted that the calculated maximum retail prices of petroleum products would be in force from November 15 to December 14 this year.

According to the regulator, the prices were inclusive of the 16 per cent Value Added Tax (VAT) in line with the provisions of the Finance Act 2023 and the Tax Laws (Amendment) Act 2020.

EPRA Director General Daniel Kiptoo speaking in February 2024
EPRA Director General Daniel Kiptoo speaking in February 2024
EPRA

EPRA further announced that the average landed cost of imported Super Petrol had increased by 0.54 per cent from Ksh82,422 (US$637.70) per cubic metre in September 2024 to Ksh82,867 (US$641.14) per cubic metre in October 2024.

Similarly, the landing cost of diesel decreased by 4.34 per cent from 82,231 (US$636.22) per cubic metre to 78,662 (US$608.61) per cubic metre while Kerosene increased by 3.97 per cent from Ksh80,573 (US$623.390 per cubic metre to Ksh83,773 (US$648.15) per cubic metre over the same period.

"Currently, Kenya imports all its petroleum product requirements in refined form and the products are traded in international markets based on a pricing benchmark," EPRA noted.

"The trade of petroleum products in the international markets is denominated in United States Dollars, and an exchange rate is applied to convert the US Dollars to Kenyan shillings during the computation of local pump prices."

The announcement comes as a reprieve for most Kenyans who anticipated a hike in fuel prices following an increase in the international oil prices amidst a weakening shilling. 

The Central Bank of Kenya in its weekly bulletin published on November 8, revealed that International oil prices had increased during the week following the conclusion of the US Elections.

CBK also attributed the hike in global oil prices to the draw-down of oil inventories amid easing geopolitical risks in the Middle East and Europe. "The price of Murban oil increased to USD 74.83 on November 7, 2024, from USD 72.42 on October 31, 2024," CBK announced.

EPRA's November fuel review comes hardly a month after it announced a significant drop in the prices of petroleum products. In its October review, the regulator attributed the reduction in fuel prices to the improvement in the local currency and the drop in global oil prices.

A person refuels his car at a petrol station.
A person refuels his car at a petrol station.
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Trading Room

10 Die After Tanker Rams Into 2 Matatus in Kakamega

To matatus and a trailer involved in a road crash along Kakamega-Kisumu Road.
To matatus and a trailer involved in a road crash along Kakamega-Kisumu Road.
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Security Arena

10 people lost their lives on Wednesday following a grisly road accident along the Kisumu-Kakamega Road involving a tanker and two matatus.

Reports indicated that the tanker rammed into two 14-seater matatus leaving 10 dead and several others nursing injuries.

The accident occurred at the Iguhu Bridge along the busy highway. 

The tanker, which was headed towards Kakamega, lost control and hit the matatus that were heading towards Kisumu.

An accident warning sign on the road.
An accident warning sign on the road.
Photo
Napier Law

20 people who were injured were rushed to Mbale District Hospital and Kakamega Referral Hospital for specialised treatment.

Police are currently in pursuit of the truck driver who is said to have escaped after the accident happened.

The crash comes barely three days after a severe accident involving a public service vehicle (PSV) bus and a trailer occurred along the busy Nairobi-Mombasa Highway on the morning of Sunday, November 10.

A bus and a trailer collided head-on in the early morning accident that took place near Salama Town in Makueni County.

The Kisumu-Kakamega road has been prone to accidents. In July 2024, two people died on the same road after a lorry carrying wooden planks that was traveling from Kakamega heading to Kisumu overturned at Mamboleo.

According to witnesses, the lorry carrying wooden planks was traveling from Kakamega heading to Kisumu when the driver lost control before landing in a ditch.

The accident comes at a time when Kenyans are warming up for the festive season that will see them traveling to various parts of the country.

According to reports, bus and matatu companies are pulling out 'sleeping' buses to meet the high travel demand. 

A section of Kenyans have expressed their worry that some of these vehicles were grounded due to serious mechanical issues/violations posing a danger to Kenyans gearing up to travel for the festive season.

Kenyans have been advised to stay safe and exercise care on the roads even as the rains continue to fall in the different parts of the country.

A Traffic police officer attached to Kisumu Central Police Station stops an oncoming vehicle during a crackdown along Nairobi Road on January 28, 2020.
A Traffic police officer attached to Kisumu Central Police Station stops an oncoming vehicle during a crackdown along Nairobi Road on January 28, 2020.
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Meg Whitman Resigns as US Ambassador After Public Fallout

U.S. Ambassador Meg Whitman
U.S. Ambassador Meg Whitman during a meeting with Kenya foreign affairs team on July 23, 2024.
Photo
Korir Sing'oei

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

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

Ruto Nominates Ex-IEBC Chair Issack Hassan to Lead IPOA Board

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

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."

Isaack Hassan
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.

Money
The Central Bank of Kenya
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KO Associates

 

Kithure Kindiki Sworn in as New Deputy President

Deputy President Kithure Kindiki taking the oath of office during his swearing-in ceremony held at the KICC in Nairobi on November 1, 2024.
Deputy President Kithure Kindiki taking the oath of office during his swearing-in ceremony held at the KICC in Nairobi on November 1, 2024.
PCS

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

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
President William Ruo (left) and Kithure Kindki
PCS

Govt Declares Friday a Public Holiday for Kindiki's Swearing In Ceremony

PCS Musalia Mudavadi In Vihiga
PCS Musalia Mudavadi during the Western Kenya Edition of the Diaspora Job Fair In Vihiga, 29, August 2024.
Photo
Musalia Mudavadi

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

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

Musalia Mudavadi Appointed Acting Cabinet Secretary for Interior Ministry

Kithure Kindiki
Interior CS Kithure Kindiki speaking during the National Assembly Committee on Administration and Internal Security on Thursday, September 26. PHOTO/ Kithure Kindiki.

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

Chief of Staff Felix Koskei Gazettes DP Kindiki's Swearing-In Committee

A collage of impeached Deputy Rigathi Gachagua and Interior CS Kithure Kindiki, October 18.
A collage of former Deputy President Rigathi Gachagua and Deputy President Kithure Kindiki, October 18, 2024.
Photo
Courtesy

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
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.

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
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

Gachagua Case: 3-Judge Bench Approves Kindiki Swearing In as DP

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

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.

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
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
Photo
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.

Court
An image of Milimani Law courts.
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