A concerned Kenyan citizen has filed a petition before the Senate asking lawmakers to amend the Constitution to fix what he described as serious legal gaps regarding the process of removing and replacing a Deputy President (DP).
The petition, dated Tuesday, May 13, calls for new laws to ensure fairness and stability when a Deputy President is impeached and chooses to challenge that decision in court.
In his proposal, the petitioner argued that if a Deputy President has been impeached but has gone to court to contest the decision, the President should not be allowed to appoint a new Deputy President until the case has been fully heard and resolved.
According to him, moving ahead with such an appointment before the court has ruled could lead to a major legal and political crisis.
“The law should be amended so that if a Deputy President is impeached and challenges that decision in court, the President must wait for the case to be concluded before nominating a replacement,” the petitioner stated.
He further suggested that even the swearing-in of a new Deputy President should be put on hold until the final court ruling is made.
This, he argued, would avoid a situation where two individuals might claim the same office — especially if the court later finds the impeachment was unlawful.
In his words, “I propose that when the Deputy President’s office becomes vacant because of an impeachment that is still under judicial review, the President should not nominate a replacement until the court gives its final decision.
Also, a new law should be added stating that the impeached Deputy President should remain in office until a competent court upholds the impeachment.”
The petitioner emphasized that these proposed constitutional changes are necessary to strengthen the independence of the judiciary and uphold the rule of law. He said allowing courts to finish their process without political interference would promote fairness and justice in such high-stakes situations.
Additionally, he argued that the amendments would promote executive stability, prevent confusion in government operations, and stop possible power struggles caused by having two individuals laying claim to the Deputy President’s seat.
By ensuring that court cases are concluded before any replacement is named or sworn in, Kenya can avoid unnecessary political chaos.
This push for constitutional change comes shortly after a major court ruling involving former Deputy President Rigathi Gachagua’s impeachment case.
On Friday, May 9, the Court of Appeal overturned a decision by Deputy Chief Justice Philomena Mwilu, who had appointed a three-judge bench to hear Gachagua’s legal challenge.
The Appellate Court ruled that only Chief Justice Martha Koome has the authority to form a judicial bench to handle such sensitive matters.
Mwilu had appointed Justices Eric Ogolla, Anthony Murima, and Fred Mugambi to hear the former DP’s case.
However, Gachagua’s legal team appealed the appointment, arguing it was not within her powers to make that decision.
The petitioner referenced this legal confusion as an example of why clear constitutional rules are urgently needed.
He believes that by clarifying the process of removing and replacing a Deputy President, Kenya can avoid future leadership disputes and protect the integrity of its institutions.
In summary, the citizen’s petition seeks to:
- Delay the nomination and swearing-in of a new Deputy President until the court concludes any legal challenge by the removed DP.
- Allow the impeached DP to continue serving until their removal is confirmed by a final court decision.
- Strengthen the authority of the judiciary and ensure the law is followed before any succession decisions are made.
He concluded by urging Parliament to take these recommendations seriously to prevent a potential constitutional crisis and ensure smooth governance in the country.
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