Wednesday, October 16, 2024 – President William Ruto could appoint a replacement for Deputy President Rigathi Gachagua as early as Friday, should the Senate uphold the National Assembly’s decision to ratify his impeachment.
Deputy President Rigathi Gachagua’s fate now rests solely with the Senate after his failed attempts to secure a court injunction halting the Senate proceedings, which are set to begin Wednesday morning to consider his ouster motion.
According to the Constitution of
Kenya 2010, the President can appoint a new Deputy as soon as the current
holder is declared unfit to hold the office.
Lawyers are now engaged in
legal debates on the timelines of when the vacancy at the Presidency can
soon be filled even as the Constitution does not have any limitations on the
minimum days that should be taken before such a decision is made.
Steve Ogola, a city lawyer,
noted that the President has an option of appointing a new Deputy on Friday
should the Senate find Gachagua guilty of his charges.
The law, according to Article
132(2) of the Constitution, also stipulates that once the President makes an
appointment, then the National Assembly has 60 days to debate and approve his
preferred candidate.
The law however is not
restrictive on the minimum days that the National Assembly can ratify the
appointment.
The above argument, therefore,
gives the National Assembly powers to convene anytime from when a new appointee
is recommended to debate their suitability to hold office.
Interestingly, the National
Assembly can either reject or accept the nomination of a new appointee.
The Kenyan DAILY POST