Kithure Kindiki, the current Cabinet Secretary for the Ministry of Interior, faces significant legal and constitutional obstacles preventing him from being appointed Deputy President of Kenya.
According to the Constitution of Kenya (2010), specifically Article 152(3), Cabinet Secretaries must not hold any political office or be involved in partisan politics.
As a state officer, Kindiki is prohibited from assuming any role that may require political allegiance, including the office of the Deputy President.
Additionally, the Leadership and Integrity Act (2012) outlines the ethical conduct of public officials, making it clear that any state officer, including Cabinet Secretaries, must maintain political neutrality while in office.
Furthermore, Article 137 of the Constitution sets out clear qualifications for anyone seeking elective office, including Deputy President. A key clause disqualifies public officers from contesting or assuming such roles unless they resign from their state positions.
This means that Kindiki would need to step down from his current role as Cabinet Secretary, a process that requires proper legal procedures, including the issuance of a gazette notice by the President. Without this formal resignation and adherence to constitutional provisions, his appointment would be deemed illegal.
Another barrier lies in the Election Act (2011), which mandates that a candidate for any elective position must be cleared by the Independent Electoral and Boundaries Commission (IEBC).
This commission is currently not fully constituted, making it impossible for Kindiki or any other candidate to be vetted or cleared for the position.
In the absence of the IEBC’s oversight, any attempt to appoint or elect a Deputy President would violate the legal framework set out for fair and transparent electoral processes.
President William Ruto’s apparent rush to replace his Deputy President is fraught with legal missteps. The lack of adherence to key constitutional provisions, including the need for IEBC clearance and the requirements for state officers to remain apolitical, undermines the integrity of the process.
Any attempt to appoint Kindiki as Deputy President without following these legal frameworks would be unconstitutional and a significant breach of the rule of law in Kenya.
