Interior Cabinet Secretary Kithure Kindiki’s potential appointment as Deputy President has raised significant constitutional concerns.[…]CLICK HERE TO READ THE FULL ARTICLE▶
Under Article 152(3) of the Constitution of Kenya (2010), a Cabinet Secretary (CS) is required to remain politically neutral and cannot be a member of any political party. This provision ensures that CSs focus on their administrative responsibilities without political bias. Kindiki, as the current Interior CS, is bound by this law, and any move to appoint him as Deputy President would directly contradict this constitutional requirement.
Additionally, before assuming any elective office, the law mandates that a person must have been a political party member for at least three months before participating in an election. This raises the question of when Kindiki, currently serving as the Interior CS, rejoined the United Democratic Alliance (UDA) party, as he would need to meet this criterion.
The absence of public disclosure on his rejoining of the party further complicates the legality of his appointment to such a high office.
Furthermore, the Independent Electoral and Boundaries Commission (IEBC), responsible for approving candidates for elective positions, is currently not fully constituted. As a result, no constitutional authority is in place to declare a vacancy for the Deputy President’s position or to vet and clear candidates for such an appointment. This omission underscores the procedural errors in the rush to replace the current Deputy President.
President Ruto’s apparent haste to appoint Kindiki without following proper legal procedures exposes the administration to claims of constitutional violations. It is critical for the process of filling the Deputy President’s position to adhere to the law, ensuring both transparency and legitimacy.
A deviation from these legal processes undermines the integrity of the office and the constitutional framework that governs such appointments…CLICK HERE TO READ MORE ARTICLES>>>
