President William Ruto and the Members of Parliament (MPs) are facing sharp criticism due to the tax proposals contained in the Finance Bill 2024 begging for discussions around the possibility of a snap election.
Kenyan youth took to the streets on Tuesday, June 18, and Thursday, June 20, to protest against the bill.
During the demonstrations in Nairobi and other towns across the country, the protesters chanted anti-Ruto songs to show their frustrations and anger towards the government.
Kenyan youth have also affirmed their stand in opposing the bill at all costs ahead of the third reading scheduled for Thursday, June 27, 2024.
The ongoing protests have raised concerns over the performance of the Kenya Kwanza administration and whether it will retain power in the 2027 general elections.
This raises the question: can the country call for a snap election to send President Ruto and MPs supporting the bill packing?
What is a Snap Election
A snap election can be defined as an election that is called earlier than expected, without following the regular election dates (the five-year interval in Kenya).
These elections are usually called under serious circumstances like during a national crisis, loss of confidence in the government, or political unrest.
They are meant to provide solutions to pressing and urgent issues, regain political stability, and restore people’s confidence in the government by seeking a fresh mandate from the voters.
In the old constitution, a snap election could be held only if the President dissolved parliament or if the House passed a vote of no confidence in the government.
It is Impossible to Call for Elections
However, experts have weighed in on the issue of calling for a snap election to provide solutions to the issues affecting the country.
Speaking to The Kenya Times, political analyst and lawyer Martin Oloo said the trend of calling for snap elections ended during the reign of President Daniel arap Moi.
Oloo explained that the 2010 Constitution properly defines elections and the circumstances that can lead to elections and by-elections.
“I cannot see any reason why an election would be called earlier with this current constitution unless something happens in Parliament or in the executive. But even then, the elections will be called specifically for the President and the respective seats but not general elections the way Moi used to do it,” Oloo said.
In agreement, constitutional lawyer Bobby Mkangi said a snap election is impossible since the election dates are enshrined in the Constitution.
Mkangi explained that Kenya uses a presidential system, not a parliamentary system, which allows for such elections.
“Our election calendar is cast in the Constitution and ours is a presidential system where the executive does not reside in the Legislature; we fill the relevant vacancies as they come (including that of the president), without affecting the arrow of time and functions of each arm of state,” he said.
Governance expert and political analyst Javas Arafat Bigambo explained that “snap elections are not applicable in Kenya through the electoral legal order.”
Dysfunctional IEBC Favoring Ruto
Additionally, Oloo said there is no functional Independent Electoral and Boundaries Commission (IEBC) that can hold the elections.
He stated that there are areas with leadership vacancies, but no by-elections have been held because there is no commission in place.
“Let’s not forget that we don’t have an IEBC in place so we cannot even contemplate an election at this stage because the law has not been passed and the commissioners are not in office. There is no way you can hold an election without IEBC,” Oloo said.
Oloo maintained that the Constitution does not provide a process for filling a vacancy in the office of the President without IEBC commissioners.
“We are left in a limbo, a constitutional crisis, so today if you had a vacancy in the office of the President, how would we go about it? It will be a catastrophe because there will be no defined way. There are many challenges that we have not addressed, and we have to be conscious of that,” he added.
Gachagua Taking Over
Lawyer Mwaura Muroki also pointed out that the IEBC issue would pose a challenge for the country to hold elections.
He, however, said the Deputy President (DP) Rigathi Gachagua can take over should there be a vacancy in the office of the President.
“The challenge right now is that there is no IEBC in the office. As such, the possibility of holding a snap election is a real challenge. However, the President’s functions can be taken over by the DP for the remainder of the term or in a caretaker capacity until the next election cycle,” Mwaura said.
Previous Calls & 1983 Snap Election
Similar calls were made during the Jubilee administration’s last tenure in office when President Uhuru Kenyatta fell out with Ruto, the then Deputy President.
In October 2020, then Soy MP Caleb Kositany asked President Uhuru Kenyatta to call for a snap election to end his rivalry with Ruto.
“The best way if they are fed up with the marriage is for the President to call for a snap election. Let us go for the general elections and elect a new government because this one is dysfunctional,” Kositany said.
Late President Moi called for a snap election in 1983 after a failed coup attempt in 1982. Moi dissolved the parliament and elections were held in September 1983, five years earlier than the scheduled 1988 general elections.
Also Read: Kalonzo Hints at Ruto Impeachment After Spending Hours with Gachagua
Removal of President by Impeachment
The President can be removed from office via impeachment as outlined in the Constitution of Kenya under Article 145.
This can only occur by a motion from a Member of the National Assembly based on the following grounds:
- Gross violation of the Constitution or any other law
- Serious reasons to believe the President has committed a crime under national or international law
- Gross misconduct
Also Read: We Shall Vote Out Ruto, We Regret Electing Him – Gachagua Insider
The motion has to be supported by at least two-thirds of all members of the National Assembly, which Mwaura says is highly unlikely.
Afterwards, the Speaker will then inform his counterpart in the Senate within two days, meanwhile, the President continues performing the functions of his office.
Within seven days, the Senate Speaker shall convene a session and hear the charges against the President.
The Senate may, by resolution, appoint a special committee comprising 11 members to investigate the matter.
“A special committee appointed under clause 3 (b) shall investigate the matter and report to the Senate within 10 days whether it finds the particulars of the allegations substantiated. If again two-thirds of senators approve of the charges, the President shall be deemed impeached,” reads the Constitution.
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