Tuesday, October 22, 2024 –Nairobi Lawyer Willis Otieno has poked holes into the nomination of Interior Cabinet Secretary Kithure Kindiki as deputy president of the Republic of Kenya.
On an interview today Tuesday October 22, the lawyer mentioned a list of items that will not allow Prof. Kindiki to replace embattled Rigathi Gachagua, anytime soon.
Among the issues he listed are among others, Kindiki’s lack or resignation ahead of his nomination by President William Ruto.
“Nomination of Kithure Kindiki is illegal. He was nominated by William Ruto wrongly. For you to be nominated, you have to be eligible by meeting minimum qualifications.
“In forwarding the name of Kindiki, Ruto went to IEBC to get a clearance from the IEBC indicating that Kindiki qualified. This was a misleading move,” stated Lawyer Otieno.
The renowned lawyer sought answers as to how an officer at the IEBC would clear a deputy president without quorum as stipulated in the Constitution.
Willis noted that the IEBC, as it is today, lacks any legal mandate to approve anyone for nomination as a deputy president.
He reminded the nation that during Gen Zs demonstrations, they wrote to the IEBC seeking to recall their MPs, but IEBC CEO Marjan replied to them saying there is no substantive chairman and commissioners to help clear that process.
“Marjan cannot clear a name; so Kithure Kindiki is illegal and cannot assume DP office.
“In article 137, a State officer who is serving cannot qualify to be nominated. Kindiki is a CS and state officer and, therefore, cheating himself he can assume the DP’s role is chasing wild goose,” the lawyer claimed.
He summed up saying the nomination of Kindiki cannot proceed because it doesn’t stand the test of law. He doesn’t meet minimum qualifications as required and, therefore, is a still birth exercise that won’t move any step farther.
Already three judges have been empaneled to hear and determine the impeachment matter which was fled by DP Rigathi Gachagua’s lawyers.