Why Man Wants Parliament to Trim Ruto’s Powers
A concerned citizen has filed a petition with the Senate, urging lawmakers to change the Constitution to fix what he sees as legal loopholes in how a Deputy President is removed and replaced.
In the petition, dated Tuesday, May 13, the petitioner argued that if an impeached Deputy President goes to court to challenge their removal, the President should not be allowed to appoint someone new until the case is resolved.
He explained that Parliament should pass a law stopping the President from naming a replacement before the court gives a final ruling on the impeachment.
The petitioner also said that no one should be sworn in to replace the Deputy President while the legal challenge is still in court. He proposed that the current Deputy President should stay in office until the court either confirms or rejects the impeachment.
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He warned that appointing a new Deputy President while a legal case is ongoing could create a constitutional crisisโespecially if the court later rules that the impeachment was invalid.
โI suggest that if a Deputy President is impeached and the case is still in court, the President must wait for the outcome before naming a new Deputy,โ the petition reads. โThere should also be a new clause that lets the impeached Deputy President continue working until the court makes its final decision.โ
The petitioner believes these constitutional changes would reinforce the power of the courts, protect the rule of law, and stop any unlawful or rushed replacement of national leaders.
He added that this move would also ensure stability in the executive arm of government and prevent conflicts over who holds the Deputy President’s office.
This petition comes just a week after the Court of Appeal overturned a decision by Deputy Chief Justice Philomena Mwilu, who had formed a three-judge bench to handle former Deputy President Rigathi Gachagua’s impeachment case.
In the ruling made on Friday, May 9, the Appellate Court directed that Chief Justice Martha Koome should be the one to select the judges for such a case, as she has the legal authority to do so.
Earlier, Justice Mwilu had picked Justices Eric Ogolla, Anthony Murima, and Fred Mugambi to hear the matter. But Gachagua’s legal team challenged that decision and filed an appeal.
Why Man Wants Parliament to Trim Ruto’s Powers