The High Court has lifted an order that had halted the swearing-in of Kithure Kindiki as Deputy President.
The three-judge bench led by Justice Eric Ogola emphasising the importance of maintaining continuity in the office.
A court in Kerugoya had issued conservatory orders halting the swearing-in, pending the hearing and determination of a petition against the impeachment of Rigathi Gachagua.
Justice Anthony Mrima said that the bench took the position that the Constitution must remain fully operational at all times, and no court order should render any part of it inoperative or dormant.
"We hereby find and hold that public interest calls us to uphold the Constitution, which is, in any event, the will of the people. Therefore, public interest demands that the office of the Deputy President should not remain vacant," he said.
This clears the way for the swearing in ceremony of Kindiki as Kenya's third Deputy President.
Gachagua's lawyers have criticised the ruling citing that Kindiki was not cleared by the Independent Electoral and Boundaries Commission (IEBC).
"It is my humble appeal that this court issues the conservatory order on the basis that there is no clearance that has been issued by the IEBC," he argued.
"Nobody can deny that there is no IEBC. If Kindiki is to be sworn in tomorrow, what will be the import of swearing in a person who has not been verified and approved by IEBC?," he added.
This is a developing story, more details to follow...