Embattled Deputy President Rigathi Gachagua, recently impeached and now contesting his removal in court, will not attend the swearing-in ceremony of his successor, Prof. Kithure Kindiki, at the Kenyatta International Conference Centre (KICC) today.
With his legal challenge still pending, Gachagua is legally barred from officially transferring the instruments of power, a customary process mandated by the Constitution.
Under Kenyan law, an outgoing officeholder is required to formally hand over power, typically upon resignation, completion of term, or successful completion of an impeachment.
However, legal experts clarify that since Gachagua is contesting the impeachment, his position is technically retained until a court ruling conclusively determines the legality of his removal.
“The Constitution protects an officeholder’s right to exhaust all legal channels before relinquishing office. Until the court issues a final ruling, Gachagua is not compelled to cede his authority through a handover,” explains constitutional lawyer Kevin Mungai.
Another constitutional lawyer and political analyst Edwin Mwangi notes that while the Constitution mandates a formal transfer, it cannot proceed when a case is actively under judicial review.
“The law is designed to prevent premature power transfers that may pre-empt a court’s decision,” he explains. “In the current scenario, a handover could imply Gachagua’s acceptance of the impeachment, conflicting with his legal challenge and potentially prejudicing the case.”
Political analyst Sarah Wanjiru suggests that Gachagua’s decision to stay away also reflects the deeper political implications of the situation.
“Gachagua’s absence allows him to maintain his stance and signal to his supporters that he remains committed to fighting the impeachment,” she observes. “It’s a constitutional balance of ensuring governance continuity with Kindiki’s swearing-in, while also respecting Gachagua’s right to contest the impeachment’s validity.”
Despite Gachagua’s absence, Prof. Kindiki’s swearing-in will proceed, with thousands of Kenyans, dignitaries, and President William Ruto in attendance.
His assumption of office underscores the constitutional balance of power but also highlights the legal protections surrounding high-ranking officials who challenge their removal in court, setting a unique precedent in Kenya’s political and judicial landscape.
