Attorney General Githu Muigai has spoken about taking up the office of Chief Justice David Maraga the event it falls vacant.
Addressing questions from readers published by the Nation, the AG denied having any interest in replacing the Chief Justice as the President of the Supreme Court.
"Presently all my energies are focused on my current job as the Chief adviser of the Government," AG Muigai stated.
He dismissed claims that his office was an extension of the Jubilee Government stating that the holder of the office is expected to undertake the job to the highest professional and ethical standards consistent with the oath of office.
"The office of the Attorney-General requires that the holder of that office advises the government of the day on all legal matters, defend and protect the rule of law and the public interest.It is untrue to suggest that in the numerous assignments conducted by my office, we have in any way aligned the mandate of the office with that of the ruling party.
"On the contrary, even my worst critics concede that there have been sustained efforts to professionalize the mandate of the office," he disclosed
AG Muigai also commented on sustained attacks on the Judiciary more so after the recent landmark ruling by the Supreme Court that nullified the presidential election result.
"The institutional independence of the Judiciary, like all other arms of government, does not, however, serve to insulate it from constructive criticism particularly where it relates to the development of jurisprudence on matters of great public interest such as electoral processes. The Constitution contains various mechanisms for dissatisfied parties to complain about individual judges or courts," he explained.
He further elucidated that there was no legal basis for a transitional government as the integrity of the constitutional order could not be substituted by any other form or arrangement of government as this would violate the express provision of Article 3(2) of the Constitution.
"The Constitution under Article 134 is absolutely clear that from the date a General Election is declared, to the date the incumbent president is re-elected or a new one is sworn in, the incumbent president remains in office.
"There is, therefore, no vacuum in the Executive merely because an election is underway, no matter how many times the election may be repeated.For the avoidance of doubt, there is no constitutional basis for a caretaker government or a transition government," he stated.
The Attorney General added that secession would take place under one process involving all the citizens of the Country.
"Secession would involve altering the territorial boundaries of the Republic of Kenya, which must involve a referendum in terms of Article 225 of the Constitution. The Constitution of Kenya recognizes that the territory of Kenya may be altered, this implies that the territory may either increase or decrease.
"Either way, the only way to alter the territory of Kenya whether by secession or otherwise is to ensure that a referendum is conducted," AG Muigai conveyed.
