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An Appointed Deputy President Is a Constitutional Shot in the Foot

It is little over a month since the historic ouster of former Deputy President, Rigathi Gachagua but  some quotas of the population are still wrapping their heads around this unprecedented development. Yes, it happened! The DP was indeed removed through a constitutional process. While the constitution has such provision, did the framers shoot themselves in the foot by creating a 'opportunistic' process for political maneuvering? 
Photo: Courtesy 

One of the fundamental reasons as to why a new constitutional dispensation was indispensable  was to strengthen the constitutional institutions. To give them some independence dimension which was glaringly lacking in the previous dispensation. The executive which bore the biggest brunt of political intrusion in the old constitution era was set to be relieved. The Presidency oscillated around an all-powerful individual who  wielded excess potency that turned them  into  mafia rulers; dictating with an iron-fist. The executive was mainly composed of political cronies and cahoots including the Vice-president who served at the wishes and mercy of the incumbent. This inevitably resulted  sycophancy that watered down the essence of their mandate. 

With sycophancy, you expect extreme heights of incompetencies and inefficiency. The 2010 constitution sought to address this thus creating stronger offices; autonomous or semi-autonomous, one of them being the second command's mandate. 

Vice President's as  they were known in the in 1963 constitution, have been labelled as jinxed due the unpalatable ride the occupants lead. From the maiden holder, Jaramogi to the final occupant, Kalonzo Musyoka, the holders have been rendered ceremonial something that defeats the logic of their positions. Whether the atrocities meted unto them follows the adage history repeats itself, coincidental or by design is question of another day. 

The 2010 constitution created an elective, autonomous Office of the Deputy President  whose holder will get the mandate directly from the electorates in General Elections not from a President who can just boss  him around at will. First to taste the position in its new form was William Ruto. Despite the legal protection the office enjoyed, it wasn't spared from political aggression. The bitter fall out between the then President Uhuru Kenyatta and his Deputy continued the long-standing jinx narrative. 

President Uhuru Kenyatta was stuck with Ruto despite not seeing eye to eye for most of their second term in office. The constitution provided immunity to the office and with Ruto's political shrewdness, the incumbent could not easily use impeachment plot to do away with his estranged Deputy. 

Former Deputy President Rigathi Gachagua wasn't lucky enough as he was unprecedently booted out after just two years in office. He was charged with eleven accounts which the  main proponent Kibwezi West MP Mwengi Mutuse deemed as substantial grounds  for removal through impeachment. 

Merit of the charges aside, it was obvious political maneuvering was at play if you take into account  the turn of events leading to and succeeding his removal.  Gachagua's mistake was failing to be politically correct. His political nemesis saw an opportunity to fight political battles using constitutional means. 

The impeachment of Gachagua and subsequent appointment of Prof. Kindiki Kithure may have followed a constitutional procedure but  doesn't that take us  back to the old era of lame duck presidential principal assistants? How impactful will Kindiki be  bearing in mind he holds the position purely because President William Ruto wishes so. How will he be able to stand up to his boss who basically gifted him the position? 

Impeachment is part of keeping the executive in check but for politicians, it's a perfect tool for settling political scores so long you command the numbers in the bi-cameral parliament. The framers may had the best interests at heart but politicians have other ideas making the framers ploy a source of ridicule. 

In absence of mandate from the electorates, the new DP is more like Vice Presidents, something the new constitution envisaged to do away with by  creating  elective Deputy President. We are  essentially back to square zero with this latest development.

 I may be wrong though... 




Comments

Anonymous said…
Keep it up my boy.

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