Kenya might have a new deputy president before the week ends should the Senate uphold the decision of the National Assembly to ratify the impeachment of Rigathi Gachagua.
This is after it emerged that Deputy President Rigathi Gachagua's fate now solely hangs with the Senate following his failed attempts to convince the court to issue an injunction to the Senate proceedings set to kick off on 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 while speaking on NTV noted that the President has an option of appointing a new Deputy on Friday should the Senate find Gachagua guilty of his charges.
''This is the last straw for DP Gachagua because the impeachment hearing starts on Wednesday and concludes on Thursday. This was his last chance to freeze the process and he has not succeeded. The fact is his fate now lies squarely with the Senate because the process will proceed tomorrow but I believe that he is also ready for the Senate,’’ Ogola noted in regards to the court ruling that rejected Gachagua's appeal
The law, according to articles 132(2) and 152(2) of the Constitution, also stipulates that once the President makes an appointment to a member of the Cabinet(the DP included), then the National Assembly has 60 days to debate and reject or 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.
Should the Senate find Gachagua guilty on Thursday when it will conclude the impeachment debate, then this will have a constitutional and historical impact on the Presidency since it will be the first time a vacancy exists in the highest political office on land since the inception of the 2010 Constitution.
Gachagua also had a last chance to save his political career after the courts failed attempts, by resigning on Tuesday night before the Senate convened to deliberate his fate.
''It should make strategic and practical sense for him to resign tonight (Tuesday) before the Senate convenes to consider his impeachment motion. Looking at his age, politically he has about 60 years and he has a chance to remain active in politics if he resigns, if he proceeds with the impeachment and he is in fact impeached, then his fate is permanently sealed. If he resigns he regains some political mileage,’’ Ogola observed.
Focus will now be solely on the Senate proceedings and the subsequent action of the President should the impeachment sail or fail to through the House.
