Former 2017 presidential aspirant Ekuru Aukot, on Wednesday, proposed recalling the entire Kenya Kwanza administration led by President William Ruto, arguing that it posed a heavy burden on Kenyans.
According to Aukot, the law empowers Kenyans to demand Ruto and his administration be dissolved to allow the country to hold fresh elections.
“Invoking on sovereign power and authority prescribed in Article 1 of the Constitution of Kenya, we should be able to end our contract of employment with this Kenya Kwanza administration immediately,” he stated.
Article 1 of the Constitution states that all sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution.
“The people may exercise their sovereign power either directly or through their democratically elected representative,” the Article adds.
Aukot felt that since elected representatives under Kenya Kwanza have failed the electorate, Kenyans should take it upon themselves to exercise their sovereign power.
“Since election is a contract between the electorate and elected leaders or government, why can’t the electorate end that contract as the employer?” Aukot posed in a statement shared on his social media pages.
According to the Kenyan Constitution, the sovereign power of the people is exercised at the national and county levels.
President William Ruto’s government has been criticised for the rising cost of living, which has seen prices of commodities increase sharply.
Additionally, Kenyans have complained of increased taxation, with new taxes introduced through the Finance Act 2023.
The President has repeatedly defended his administration, stating that he was reducing the nation’s overreliance on loans and enhancing dependence on irrigation-fed crops.
Impeaching the President
Speaking to Kenyans.co.ke constitutional lawyer and advocate of the High Court, Duncan Okatch, however, differed with Aukot, stating that his proposal lacked legal basis.
"Article 145 of the Constitution clearly outlines how a President can cease from holding office. It can only be done through impeachment which must be supported by two-thirds of the National Assembly and ratified by the same number in the Senate," he explained.
Okatch further revealed that the Parliament can only impeach the President on the grounds of gross violation of the Constitution or committing a crime under national or international law.
"There is no provision to recall the President, the only other way he can cease from holding office is if there were substantiated grounds of mental or physical incapacity," Okatch added.
Ruto currently controls the National Assembly and Senate, which poses a heavy challenge to any impeachment motion tabled against him.
Recalling Members of Parliament
However, the citizens can frustrate his administration by recalling Members of Parliament as enshrined in the Constitution by Article 104.
"The electorate under Articles 97 and 98 have the right to recall the member of Parliament representing their constituency before the end of the term of the relevant House of Parliament.
"Parliament shall enact legislation to provide for the grounds on which a member may be recalled and the procedure to be followed," the Constitution states but clearly indicates that the Article has a lacuna as MPs are yet to draft such legislation.
State of Emergency
Constitutional experts nonetheless warn that the President may declare a State of Emergency guided by Chapter 4, Article 58 of the Constitution, citing disorder to bar MPs from being recalled en masse.
"A state of emergency may be declared only under Article 132 (4) (d) and only when the State is threatened by war, invasion, general insurrection, disorder, natural disaster or other public emergency; and the declaration is necessary to meet the circumstances for which the emergency is declared,"
"A declaration of a state of emergency, and any legislation enacted or other action taken in consequence of the declaration, shall be effective only prospectively; and for not longer than fourteen days from the date of the declaration, unless the National Assembly resolves to extend the declaration," the Law states.
