Senate Speaker Amason Kingi orders the Deputy President to appear and take the stand before 5 pm this evening. He adds that the impeachment is a time bound process.
Two quick possibilities
1. DP buying time to occasion a technicality that will throw the whole process in disarray
2. He is genuinely unwell and needs medical attention.
The Syllabus was going too fast. We now take a half term break and resume on Saturday the 19th October 2024 at 9:30am. Class are we together? Oh noooo but wait a min the Deputy Headmaster is unwell and we must reorganise ourselves class. We must finish today
When Jesus had received the sour wine, he said, 'It is finished,' and he bowed his head and gave up his spirit” (John 19:30). Tetelestai, it is finished.
Breaking News: The Deputy President of the Republic of Kenya H.E Rigathi Gachagua, EGH has been removed from office by way of impeachment.
Watch out for a Gazette notice before midnight tonight.
Legal Principles Implied:
•Checks and Balances: The requirement for the National Assembly to vote on the nominee emphasizes the principle of checks and balances. While the President can nominate, the final decision rests with the legislature, preventing the executive from having unchecked power over the appointment.
•Democratic Legitimacy: The voting process reflects democratic legitimacy. The Deputy President is not only nominated by the executive but also approved by representatives of the people in parliament, ensuring a broad-based consensus for such a high office.
Legal Principles Summary
The legal principles implied by the interpretation of “nominate” and “vote” in Article 149(1) are:
1.Separation of Powers: The executive (President) nominates, while the legislature (National Assembly) votes to approve or reject the nomination. This maintains the independence of both branches.
2.Checks and Balances: The process involves an inter-branch check where the legislature scrutinizes the President’s choice to prevent arbitrary or partisan appointments.
3.Democratic Accountability: Voting by the National Assembly ensures that the individual occupying the position of Deputy President has democratic backing, safeguarding the people's interest through their representatives.
4.Continuity of Government: The process ensures that the office of Deputy President is promptly filled in case of a vacancy, preserving the continuity and stability of the executive branch.
These principles aim to balance executive discretion with legislative oversight and ensure that the appointment of a Deputy President follows a transparent, democratic process. 2/2
Article 149: Vacancy in the Office of Deputy President
1) Within fourteen days after a vacancy in the office of Deputy President arises, the President shall nominate a person to fill the vacancy, and the National Assembly shall vote on the nomination within sixty days after receiving it.
Article 149 of the Constitution of Kenya, 2010, deals with the process of filling a vacancy in the office of the Deputy President. It outlines the steps that must be followed when such a vacancy arises during the term of the President.
Here is the full text as extracted from
Key Points of Article 149:
1.Nomination by the President: When the office of the Deputy President becomes vacant, the President is required to nominate a new candidate within 14 days.
2.Parliamentary Approval: The National Assembly has 60 days to vote on the nomination after it receives the proposal from the President. The individual nominated can only assume office if they are approved by the majority in the National Assembly.
This Article emphasizes the importance of filling the office of the Deputy President swiftly and democratically, ensuring the continuous functioning of the executive branch, with proper checks and balances between the executive (President) and the legislature (National Assembly).
In Article 149(1) of the Constitution of Kenya, 2010, the terms "nominate" and "vote" carry distinct legal interpretations with underlying constitutional principles that guide the process of filling a vacancy in the office of the Deputy President. Here’s the breakdown of their legal interpretations and the key legal principles implied:
1. Nominate
The word "nominate" refers to the President’s formal act of proposing or selecting a person to fill the vacancy in the office of the Deputy President. This is an executive prerogative.
Legal Interpretation:
•Nomination as Executive Discretion: The President exercises discretionary power in nominating a candidate for the vacant office. There is no stipulation on the criteria or the process the President must follow in selecting the nominee, but the action is inherently tied to the constitutional responsibility of ensuring continuity in the executive branch.
•Not Binding Until Approval: The nomination, however, is not final or automatically effective. It must undergo parliamentary approval, reflecting that the nomination is a proposal rather than an appointment.
Legal Principles Implied:
•Separation of Powers: The act of nomination by the President reflects the principle of separation of powers, where the executive branch is vested with the authority to propose an individual for the role, subject to parliamentary oversight.
•Discretionary Power: The President’s power to nominate implies a degree of discretion and judgment, which must be exercised in line with constitutional principles and public interest.
2. Vote
The word "vote" refers to the process by which the National Assembly decides whether to approve the President’s nominee for the position of Deputy President. The term “vote” indicates that the decision is majoritarian, requiring a majority of members of parliament to either approve or reject the nomination.
Legal Interpretation:
•Voting as Parliamentary Oversight: The act of voting on the nominee involves parliamentary oversight over the executive. Members of the National Assembly have the duty to scrutinize the nominee and decide whether they are suitable for the office.
•Majority Approval: For the nominee to be confirmed as Deputy President, a majority vote in the National Assembly is required. This ensures that the appointment is democratic and representative of the people's will, through their elected members. 1/2
PUBLIC ASSIGNMENT CALLING HIM:
My good friend Dr. Irungu Kanga'ta @HonKangata might want to buy some more new Suits because he will be looking great in them shortly.
OPEN LETTER TO THE DEPUTY PRESIDENT OF THE REPUBLIC OF KENYA , HE GEOFFREY RIGATHI GACHAGUA
Dear Your Excellency,
Receive my missed calls and greetings. I believe you are in good health and keeping well.
Sir, I know you have put up a spirited fight against your impeachment motion both in in the Courts and in Parliament. Clearly It has not been easy.
The National Assembly already made a decision to impeach you. It was an overwhelming vote by 281 members and the matter has proceeded to the Senate for trial.
Your Excellency Sir, imagine they have impeached you, the sitting Deputy of the Republic of Kenya. This is for sure unprecedented.
Sir, this impeachment is both a political and legal process with very limited chances of survival. Maybe you never saw this coming your way but it is here now with us.
Bwana Deputy President, in my knowledge and estimation, the Senate will overwhelmingly confirm your removal from office by way of impeachment come Thursday this week. Do you want to go through this? I doubt so.
Your Excellency Sir, when this happens to you as it designed to happen, you will be disqualified from holding any other State office in future. Those advising you to stay put are your biggest enemies. They are not for your good. They want you down.
Mr Deputy President Sir, like any other politician, I know you still harbour ambitions of serving this great country in the near future. Please listen to your inner heart that tells you to live to fight another day.
As a curious onlooker and Kenyan of goodwill, my unsolicited advice to you Sir is that you resign from office before Thursday 18th October 2024. This will for sure save your polical career.
Yours Truly
FO
President William Ruto to assent to the Independent Electoral and Boundaries Commission (Amendment) Bill, 2024 before Tuesday 9th July, 2024. @IEBCKenya. WAKENYA ARE YOU READY TO RECALL YOUR REPS?
Who advised the President to constitute UNCONSTITUTIONAL Public Debt Taskforce? CoK, 2010 already established the office of the Auditor-General whose functions among others Art 229 (3) (g) shall within six months after the end of each FY, AUDIT and REPORT, in respect of that financial year, on the PUBLIC DEBT. @lawsocietykenya@OAG_Kenya@FaithOdhiambo8
President William Ruto must immediately DISSOLVE his cabinet and RECONSTITUTE a LEAN and EFFICIENT team of SUITABLE, COMPETENT men and women with PERSONAL INTEGRITY .
Kenyans expect to see fewer Cabinet members handling only crucial portfolios as below:
I. Ministry of Defence
II. Ministry of Interior
III. Ministry of Energy
IV. Ministry of Health
V. Ministry of Education
VI. National Treasury
VII. Ministry of Agriculture, Livestock and Irrigation
VIII. Ministry of Foreign Affairs and East African Community (EAC)
IX. Ministry of Labour and Public Service
X. Ministry of Affirmative Action, Youth, and Gender
XI. Ministry for Water, Forest, and Environment
XII. Ministry of Tourism, Culture, Youth, and Sports
XIII. Ministry of Infrastructure, Lands, Housing, Public Works, and Roads
XIV. Ministry of Economic Planning, MITI, SME Cooperatives, Delivery Unit, ICT
XV. Attorney General
#ReconstituteDontReshuffle
STATEMENT BY HON. GIDEON MOI ON THE ABDUCTION OF HON. ALFRED KETER
Today, the nation has witnessed the abduction of former Nandi Hills MP Alfred Keter in Nairobi, another incident in a series of proliferating gangland-type kidnappings. This alarming trend, including the abduction of numerous young people that we have consistently and unequivocally condemned, heralds a grim future for the rule of law that Kenya prides itself on.
Since the onset of the vehement opposition to oppressive economic policies mounted by young people, some of them remain missing, held incommunicado while their families are distressed about the whereabouts of their loved ones. This desperate attempt to instill fear in the public and silence dissent is unwarranted, uncalled for, and has no place in our nation.
The constitution and the laws of our land are very clear regarding the arrests of any individual suspected of committing a crime. Such individuals must be informed of the reasons for their arrest, accorded access to legal representation, and produced before a court of competent jurisdictions within twenty-four hours to stand trial.
Therefore, we urge the authorities to uphold the rule of law, ensure the safety of all its citizens and release anyone being held unlawfully in any part of the country.
Hon. Gideon Moi
National Chairman - KANU
Nairobi, Sunday, June 30, 2024.
I wish the handlers could have protected their BOSS. This is very disappointing. The interview was ill-timed. It is EXPOSING the boss to PUBLIC REDICULE. It is also adding salt to the INJURIES.