As Kenya prepares for Mashujaa Day on Sunday, October 20, the country is set to witness a new Deputy President’s swearing-in, following the historic impeachment of Rigathi Gachagua.[โฆ]CLICK HERE TO READ THE FULL ARTICLEโถ
The former Deputy President’s 25-month tenure came to an abrupt end after the Senate voted to approve his impeachment on Thursday, October 17, making him the first sitting Deputy President to be removed from office.
The Senate’s vote, which took place just before midnight, saw five of the 11 impeachment charges against Gachagua receive the necessary two-thirds majority. This decision triggered a constitutional process outlined in Article 149, which mandates the President to nominate a new Deputy President within 14 days of the vacancy arising.
Under Article 149 of the Constitution, the President has 14 days to nominate a replacement. However, sources privy to the quickly evolving process have indicated that President William Ruto is expected to swear in his new Deputy President after approval by the National Assembly by Saturday, October 19, ahead of Mashujaa Day celebrations.
According to the Public Appointments Act, Parliament must approve any appointment requiring its consent. However, the Constitutionโs silence on what happens within the 60 days has raised questions.
The National Assembly is then required to deliberate on the nominee’s suitability within 60 days, with approval marking the final step for the appointment. However, the National Assembly has moved with speed to initiate the process of replacing Gachagua.
Already, the National Assembly has received President William Rutoโs nominee, Interior Cabinet Secretary Kithure Kindiki, and has begun debating the motion. This move is seen as a strong indication that the search for Gachagua’s successor is well underway, with potential candidates being scrutinised to meet the nation’s expectations.
The next Deputy President will be sworn in following procedures outlined in Article 148 of the Constitution. The oath-taking will be overseen by the Chief Justice or their deputy, and the appointee will assume office upon completion of the ceremony. This swift process ensures that the country doesnโt remain without a second-in-command for long.
The criteria for a Deputy President nominee are clear. The individual must be a Kenyan citizen by birth, hold no allegiance to any foreign country, and possess a university degree. Integrity requirements under the Leadership and Integrity Act also play a critical role, in ensuring the nominee meets the ethical standards necessary for such a high office.
Article 148, it stipulates that the Deputy President-elect assumes office by taking an oath of allegiance and the execution of the duties as outlined in the Third Schedule.
Despite the impeachment, Gachagua’s legacy may continue to stir debate. The law states that a Deputy President is only considered to have served a full term if they remain in office for more than two and a half years. Gachagua, having served less than this, will not qualify for the retirement benefits typically afforded to those who complete their termโฆCLICK HERE TO READ MORE ARTICLES>>>
