The Lower Eastern Times Opening The Third Eye
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President William Ruto has traveled to Burundi for the 23rd Summit of COMESA (Common Market for Eastern and Southern Africa) in Bujumbura.
As per Article 147 of the Constitution, the Deputy President assists the President in his duties and serves as his main aide. Article 134 states that the Deputy President takes on the role of Acting President when the President is absent or unable to fulfill his responsibilities.
Although President Ruto has not publicly designated who will handle government affairs during his absence, there are questions about whether impeached Deputy President Rigathi Gachagua or appointed Deputy President Kithure Kindiki is in charge.
Legal experts have weighed in on the matter, providing interpretations based on the Constitution. Constitutional lawyer Bobi Mkangi told a local media that President Ruto is still in control, arguing that being away does not imply a vacancy. He also raised concerns about the status of Gachagua’s impeachment due to conservatory orders that have paused the proceedings.
“In my opinion, Gachagua remains the substantive Deputy President until the courts decide otherwise,” Mkangi stated.
Lawyer Kepher Ojijo echoed Mkangi’s stance, asserting that Gachagua continues as Deputy President until the conservatory orders are lifted. He added that if the court does remove the orders while Ruto is away, the National Assembly Speaker Moses Wetangula would assume authority.
“Since the impeached DP is under conservatory orders, he remains the substantive Deputy President until those orders are lifted. If they are lifted while the President is absent, the Speaker would take over,” Ojijo explained.
Advocate Duncan Okatch also agreed, stating that Gachagua retains the title of Deputy President until the courts either vacate or modify the orders to clarify his status.
“Gachagua is still the Deputy President until the courts change the orders or clarify that they do not negate his position,” Okatch added.
Lawyer Ismael Nyaribo emphasized that the President is required to delegate powers and assign responsibilities prior to traveling abroad. He noted that these assignments may not have been publicly disclosed.
“The President must have delegated authority to someone before his departure, even if it wasn’t announced,” Nyaribo stated.
“Legally, it’s Gachagua. But in practice, it seems there’s no one stepping in as Deputy President,” another lawyer remarked.
