A Kenyan citizen, John Mweha, has petitioned the National Assembly to amend Articles 149 and 150 of the Constitution, citing a legal gap concerning the removal and replacement of a Deputy President when impeachment proceedings are being contested in court.
In a petition dated May 16, 2025, the resident of Kiambaa Constituency argued that the current provisions fail to address succession safeguards in cases where an impeached Deputy President seeks redress through the judicial system.
“There exists a significant constitutional and legal gap regarding the removal and replacement of a Deputy President, especially in instances involving impeachment proceedings. Currently, the Constitution does not expressly bar the nomination or swearing-in of a new Deputy President while legal proceedings challenging the impeachment of an incumbent are pending before a court of law,” the statement read.
According to the petition, the Constitution does not explicitly bar the President from nominating or the state from swearing in a new Deputy President while court cases challenging the impeachment are ongoing.
John Mweha Arguements
Kariuki warns that this gap poses a risk of executive overreach, constitutional confusion, and a potential erosion of public trust in the rule of law.
The petitioner points to a recent high-profile case involving Deputy President Rigathi Gachagua, in which the Court of Appeal ruled that the bench that handled his impeachment was unlawfully constituted, ordering a rehearing.
By that time, however, a new Deputy President had already been sworn in, resulting in dual claims to the office and what Kariuki describes as a constitutional crisis.
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Proposed Amendments
To prevent a recurrence, John Mweha Kariuki proposes two key constitutional amendments:
- Amendment to Article 149: Insert a new Clause (3) stating that if the Deputy President’s office becomes vacant due to impeachment and the matter is under judicial consideration, no nomination shall be made until the legal process is fully resolved, including all appeals and reviews.
- Amendment to Article 150: Add Clauses (3) and (4) to prohibit the swearing-in of a new Deputy President until the conclusion of all court proceedings. It also proposes that an impeached Deputy President shall remain in office until the final court decision upholds the impeachment.
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Reasons Supporting the Proposed Changes
Further, John Mweha listed his reasons why he supports the above changes including;
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Upholding Judicial Authority and Fair Hearing
Article 50 of the Constitution guarantees the right to a fair hearing. Allowing irreversible executive actions—such as appointing a new Deputy President before court proceedings conclude contradicts this fundamental right. -
Preventing a Constitutional Crisis
Recent events demonstrate that premature succession during ongoing judicial review risks constitutional confusion and instability.
For example, in May 2025, the Court of Appeal ruled in favor of H.E. Rigathi Gachagua, declaring the impeachment bench unlawful and ordering a new hearing.
However, a new Deputy President had already been sworn in, resulting in dual claims to the office and underscoring the urgent need for clear constitutional safeguards.
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Respecting Judicial Processes and Separation of Powers
Allowing succession to proceed amid active court disputes undermines judicial independence and the constitutional principle of separation of powers. -
Safeguarding National Unity and Public Trust
The Deputy President’s office symbolizes national cohesion. Disputed occupancy threatens public confidence, disrupts executive function, and destabilizes political order.
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