A growing storm of impeachment cases has led to a provocative proposal from Senator Ali Roba aimed at fundamentally altering Kenya’s political landscape.
As tensions rise between county governors and assemblies, alongside the ongoing impeachment of Deputy President Rigathi Gachagua, Roba is advocating for a major overhaul of the law governing running mates for gubernatorial and presidential elections.
This comes at a critical time when the political climate is charged with uncertainty and discord. Roba, the two-term governor of Mandera, is contemplating introducing legislation to eliminate the mandatory requirement for running mates in these high-profile elections.
His proposal would empower elected leaders, both at the presidential and gubernatorial levels, to appoint their deputies after being elected. This is akin to the route used in the old Constitution when the president elected a vice president after the elections.
“Maybe we should propose amendments to the constitution and relevant acts to eliminate the requirement for running mates in gubernatorial and presidential elections,” he asserted on X, formerly known as Twitter.
The push for this change reflects Roba's desire to minimise insubordination and improve collaboration among Kenya's leadership. Currently, the constitution mandates that candidates declare their running mates at the time of nomination.
Article 138(1) explicitly states that “A candidate for the election of President shall, at the time of nomination, declare a running mate,” designed to ensure a unified leadership approach from the onset.
Impeachment has become a recurring theme in Kenya’s political narrative, with a staggering total of 12 governors and three deputies being impeached since 2013. Among these, only two have been successfully ousted: former Nairobi governor Mike Sonko and Ferdinand Waititu of Kiambu. The looming threat of impeachment hangs over many current leaders, contributing to the fractious political atmosphere.
Gachagua's current predicament has intensified discussions surrounding leadership accountability. As the first Deputy President to face impeachment under the 2010 Constitution, his trial is set to begin in the Senate next week, amid ongoing court battles against his ousting. This unprecedented situation has left many questioning the efficacy of the current leadership structure and its implications for governance.
Roba’s proposal raises significant questions about the existing constitutional framework. Articles 138(2) and 138(5) dictate that a candidate must secure more than half of all votes cast to be declared President. Should the proposal gain traction, it could profoundly affect the dynamics of electoral alliances, which are currently essential in securing votes and fostering cooperation between leaders.
Moreover, gubernatorial candidates are similarly bound by constitutional stipulations regarding running mates. Article 180(1) mandates that “A candidate for the election of Governor shall, at the time of nomination, declare a running mate.” This provision is designed to ensure alignment between governors and their deputies, promoting teamwork at the county level.
The implications of Roba's proposed changes are monumental. If adopted, the legislation could pave the way for greater autonomy among elected leaders to make political appointments.
It would eliminate the necessity for candidates to form alliances ahead of elections, potentially allowing for more personalised leadership styles but at the risk of weakening collaborative governance.
