The directive from Principal Administrative Secretary Patrick Z.K Mwangi affects 108 officers in Job Groups T and U and staff on Supernumeracy Contracts and was issued on the day Gachagua secured High Court orders barring his replacement even as the National Assembly voted to endorse Prof Kindiki Kithure’s nomination by President William Ruto to replace him.
It is copied to Chief of Staff and Head of Public Service Felix Koskei.
“All Heads of Department shall ensure conformity to these directives by 12hrs on 19th October, 2024,” Mwangi added while directing them to ensure they designate a responsible officer to be in charge of their respective departments.
Among those affected are Mwangi himself, Gachagua’s Chief of Staff Elizabeth Wanjiku Wakogi, Munene Gathondu Pius ( Private Secretary), Eric Gichuhi Wachira (Deputy Chief of Staff) and Catherine Wambui Kangethe (Chief of Staff in the Office of the Spouse of the Deputy President as well as several advisors and directors.
The speed with which the impeachment motion was processed by the Senate, Kindiki’s nomination and approval by the National Assembly and the dismissal of his staff shows how President Ruto was determined to have a deputy in time for the Mashujaa Day celebrations.
Gachagua’s staff have already vacated his official residence in Karen in a dramatic twist to the fate of a man who credits himself with delivering the presidency to Ruto by marshaling support in his vote-rich Mt Kenya backyard.
Kindiki’s swearing-in was scheduled to take place today (Saturday) before Justice Chacha Mwita blocked his ouster by issuing conservatory orders pending the mention of the suit filed by Gachagua challenging the manner in which his impeachment was conducted even after he fell ill and was admitted to The Karen Hospital. The matter is set to come up before a bench empanelled by Chief Justice Martha Koome on October 24.
The ruling put the CJ in the horns of a dilemma as Kenyans watched to see whether she will uphold the authority of the courts amid accusations leveled against Parliament, which critics say has been captured by the State.
Justice Koome is required to preside over the swearing in of the deputy president in a public ceremony conducted by Chief Registrar of the Judiciary
It is likely that Parliament or any other party may move to seek a review of the orders issued by Justice Mwita.
Some legal experts such as Senior Counsel Tom Ojienda and Ahmednasir Abdullahi have held that the orders were overtaken by events since they intended to stop the appointment of Gachagua’s successor and not the swearing in ceremony.
Critics such as DAP-Kenya leader Eugene Wamalwa have questioned the rush with which the replacement was being done.
Article 149 (1) of the Constitution gives the President 14 days after a vacancy has arisen in the office to nominate a person to fill the vacancy, and the National Assembly shall vote on the nomination within 60 days after receiving it.
“Where is Kenya going?” he posed when he appeared on a local TV station on Friday evening while urging Ruto to respect the court order.
