A man filed a petition before the Senate seeking amendments to the Constitution to address what he termed as legal gaps in the process of removing and replacing a Deputy President.
In the petition dated Tuesday, May 13, a private citizen urged that in the event an impeached Deputy President has challenged the action in court, the President should be barred from appointing their replacement until that case is heard and determined.
"The legislators should amend the law to bar the president from nominating an individual to replace an impeached Deputy President until a suit filed challenging the impeachment is determined," the petitioner said.
According to the petitioner, the law change should also ensure that the swearing of any individual as a replacement for an impeached Deputy President is stopped until the case by the removed DP is determined.
According to the application, the law should further be amended to allow an impeached Deputy President to continue serving until their dismissal is upheld by the court.
The petitioner said that if a new DP is sworn in during such proceedings and the courts later invalidate the impeachment, the country would be faced with a constitutional crisis.
"I propose that where the office of the Deputy President becomes vacant following an impeachment that is the subject of ongoing judicial proceedings, the President shall not nominate a new Deputy President until such proceedings are determined," read part of the petition.
"Insert a new clause: An impeached Deputy President shall continue to serve in office until the impeachment is upheld by a final decision of a court of competent jurisdiction."
In his proposed changes, the petitioner noted that the Constitutional amendments would help strengthen judicial authority and the rule of law and prevent unconstitutional or premature succession.
He also reiterated that the amendments would ensure executive stability and institutional coherence and prevent dual office claims that may paralyse governance.
The demand for constitutional changes comes a week after the Court of Appeal quashed a decision by Deputy Chief Justice Philomena Mwilu to constitute a three-judge bench to hear former DP Rigathi Gachagua's impeachment case.
In the ruling delivered on Friday, May 9, the Appellate Court directed that the matter be referred to Chief Justice Martha Koome, who has the executive mandate to empanel a bench to hear and determine such cases.
Mwilu had appointed Justices Eric Ogolla, Anthony Murima, and Fred Mugambi to hear Gachagua's petition challenging his impeachment. However, the former DP's legal team filed an appeal challenging Mwilu's decision to appoint the three judges.
