National Assembly Speaker Moses Wetangula on Friday clarified that Parliament would not conduct public participation in the process to install Kithure Kindiki as the next Deputy President of the Republic of Kenya.
According to Wetangula, Article 149 of the Constitution required the National Assembly to vote on the nomination to fill the vacancy in the Office of the Deputy President, a process which he claimed was considered an election.
He noted that, whenever the National Assembly convened its meetings to conduct an election, such as the election of the Speaker or the Deputy Speaker as mandated under Article 106, parliamentarians proceeded directly to vote without public participation.
He emphasized that since Article 149 stipulated a vote on the nomination of the Deputy President, the requirement for public participation therefore did not apply in the case of Kindiki's selection.
Speaker Wetangula's statement came against the backdrop of Navakholo Member of Parliament Emmanuel Wangwe's request for clarification.
Wangwe sought to understand if Parliament would be required to follow the vetting and approval process as outlined in the Public Appointments and Parliamentary Approval Act.
Wangwe, in particular, pointed out that Article 124 mandated that appointments that required parliamentary approval be reviewed by a relevant committee before being presented to the National Assembly for approval.
On the matter of debating Kindki's nomination before voting, Speaker Wetangula explained no debate was required since the process is treated as an election.
Minutes later, Endebess lawmaker Robert Pukose rose to seek clarity on the voting threshold for the Deputy President's nomination. Pukose referenced Gachagua's impeachment process where Speaker Wetang'ula had stated that a two-thirds majority of 233 members was required for this to pass.
In response, the Speaker clarified that the threshold for voting on the Deputy President's nomination was governed by Article 122, which provides that any decision by the National Assembly would be determined by a majority of the members present.
Kithure Kindiki was on Friday morning nominated by President William Ruto following the Senate's resolution to impeach Rigathi Gachagua on five of the eleven allegations levelled against him.
However, Kindiki's nomination to replace Gachagua is facing a fresh hurdle after the High Court in Nairobi issued conservatory orders stopping Rigathi Gachagua from being replaced.
Justice Chacha Mwita in his ruling, noted that the petition filed by Gachagua's legal team raised monumental constitutional issues.
Hours later, the High Court in Kerugoya issued orders stopping Kindiki from assuming office.
