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Ruto's next move: Timelines, protocol for appointing new Deputy President

According to the constitution, the term served by the new Deputy President depends on the remaining time before the next general election

President William Ruto
  • Impeachment of Deputy President Rigathi Gachagua and the constitutional protocol for filling the vacant position
  • Protocol for President Ruto to nominate a new Deputy President within 14 days of impeachment and the National Assembly's 60-day window to vote on the nominee
  • Key reasons for Gachagua's impeachment as outlined in the Kenya Gazette Special Issue dated October 17, 2024

Following the impeachment of Deputy President Rigathi Gachagua, President William Ruto is constitutionally mandated to follow a set protocol to fill the vacant position.

This process, as outlined in both the Kenyan Constitution and a recent Kenya Gazette notice, ensures the orderly succession in the executive branch of the government.

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According to the Kenya Gazette Special Issue dated October 17, 2024, the Senate resolved to impeach Gachagua based on several grounds, including gross violations of the Constitution, abuse of office, and undermining the work of the National Security Intelligence Service and its officers.

The impeachment motion was initiated by the National Assembly, approved on 8th October 2024, and transmitted to the Senate.

After the Senate deliberation, Speaker Amason Kingi issued a formal ruling on the matter.

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With the office of the Deputy President now vacant, President Ruto must follow the constitutional guidelines to appoint a new Deputy President. Here is the protocol he must follow:

Within 14 days of the impeachment, President Ruto is required to nominate a person to fill the Deputy President’s position.

This is stipulated under Article 150 (1) of the Constitution. The nomination must be sent to the National Assembly for consideration.

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Once the nomination is made, the National Assembly has up to 60 days to vote on the President's nominee, either approving or rejecting the choice.

This ensures that the nominee undergoes thorough vetting before assuming office.

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According to Article 148 (8) of the Constitution, the term served by the new Deputy President depends on the remaining time before the next general election:

If the new Deputy President assumes office with more than two and a half years remaining before the next scheduled election, they will be considered to have served a full term.

If less than two and a half years remain, the new Deputy President will be deemed to have served no term, allowing them to potentially serve again in future elections.

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The gazette notice outlined the following key reasons for Gachagua's impeachment:

  1. Gross violations of various constitutional articles, including Articles 10, 27, and 73, particularly relating to leadership, integrity, and respect for the rule of law.
  2. Undermining the independence of the judiciary and the National Security Intelligence Service.

3. Abuse of office by publicly attacking national institutions and failing in his duties as a member of the Cabinet and the National Security Council.

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