The Constitution mandates President William Ruto to pick a new Deputy President (DP) should the National Assembly and the Senate vote in favor of the impeachment Bill tabled against Rigathi Gachagua.
Gachagua is facing 11 impeachment grounds, and public hearings will be held on Friday, October 4, 2024, across the 47 counties regarding the motion.
The National Assembly will debate the motion, and if two-thirds of the members vote in favor, it will be forwarded to the Senate for further consideration.
The Senate has formed an 11-member special committee to investigate the allegations against the Deputy President, with a 10-day deadline to present its findings.
If the committee finds the allegations unsubstantiated, the DP remains in office with no further action. However, if any claims are substantiated, the Senate will hold a vote on the impeachment charges after giving the DP a chance to be heard.
The Deputy President will be removed from office if at least two-thirds of senators (45 out of 67) vote in favor of the impeachment.
Picking New DP Begins
If this happens, the President is mandated to nominate another Deputy President within fourteen days after the impeachment.
The National Assembly will then vet the nominee and vote within fourteen days.
“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,” reads Article 149 of the Constitution.
President Ruto and DP Gachagua were sworn in on September 13, 2022, meaning they have now held office for two years and one month.
According to the Constitution, whoever assumes the role of Deputy President will be deemed to have served a full term.
Article 149 of the Constitution states that “The person shall be deemed to have served a full term as Deputy President if, at the date on which the person assumed office, more than two and a half years remain before the date of the next regularly scheduled election under Article 136 (2) (a).”
Also Read: Impeaching Gachagua: Constitutional Process of Removing Deputy President from Office
Deputy President Qualifications
The DP must be qualified for nomination for election as President, including being a Kenyan citizen by birth and qualified to stand for election as a member of Parliament.
Besides, the candidate must be nominated by a political party or as an independent candidate, and nominated by no fewer than two thousand voters from each of a majority of the counties
A person is not qualified for nomination as a presidential candidate or DP if they owe allegiance to a foreign state, are a public officer, or are acting in any state or public office.
Also Read: Gachagua Impeachment: How to Fill and Submit Form to Save or Kick Out DP
Functions
According to Article 147 of the Constitution, the DP is the principal assistant to the President and shall deputize him/her in the execution of the office’s functions.
The Deputy President is responsible for performing the functions assigned by the Constitution, as well as any other duties delegated by the President.
In accordance with Article 134, the Deputy President will act as President when the President is absent, temporarily incapacitated, or during any other period specified by the President.
Additionally, the Deputy President is prohibited from holding any other State or public office.
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