President William Ruto has travelled to Burundi to attend the 23rd Summit of COMESA (Common Market for Eastern and Southern Africa) Heads of State and Government in Bujumbura.
According to Article 147 of the Constitution, the Deputy President assists the President in performing presidential duties and serves as the President’s principal assistant.
Article 134 stipulates that, when the President is absent, temporarily unable to perform duties, or decides otherwise, the Deputy President assumes the role of Acting President.
Though President Ruto has not publicly announced who is in charge during his visit to Burundi, questions have emerged about who is overseeing government functions in his absence.
Is it impeached DP Rigathi Gachagua, or the appointed DP Kithure Kindiki?
Lawyers have weighed in on this debate, offering constitutional interpretations of the current situation.
Speaking to The Kenya Times, constitutional lawyer Bobi Mkangi stated that President Ruto remains in charge. Mkangi explained that being remote does not necessarily equate to absence or a vacancy.
He noted that there is still a question about whether the impeachment holds, given the conservatory orders that have suspended proceedings.
“In my opinion, Gachagua remains the substantive DP until the courts decide otherwise,” he said.
Gachagua Still DP
Lawyer Kepher Ojijo supports Mkangi’s view, affirming that Gachagua remains the DP until the conservatory orders are lifted.
However, Ojijo noted that National Assembly Speaker Moses Wetangula would assume charge if the court removed the orders while Ruto was away.
“DP impeached is enjoying conservatory orders and as such he is still in charge as the substantive DP until the court lifts the said orders. But if lifted in the absence of the president, autonomy vests with the Speaker of the National Assembly,” Ojijo said.
Advocate Duncan Okatch echoed the opinion that Gachagua remains the DP until the courts either vacate or adjust the orders to clarify the situation.
“DP impeached is the DP until the courts vacate the orders or vary them to clarify that the same do not outs the fact that he no longer is DP,” Okatch said.
Ruto Designated Powers
Lawyer Ismael Nyaribo pointed out that the President must delegate powers and assign responsibilities before travelling abroad. Nyaribo suggested that any such assignments might not have been publicly announced.
“The President must have delegated powers to someone before he left, even though it was not announced to us,” Nyaribo said.
“Legally Gachagua. Practically nobody. Effectively, there is no one to deputize the President,” another lawyer added.
