EXPLAINED: Why Public Participation Was Not Necessary In Kindiki’s Nomination
Moses Wetangula, speaker of the National Assembly, made it clear on Friday that Parliament would not hold a public consultation on the selection of Kithure Kindiki as the Republic of Kenya’s next deputy president.
Wetangula stated that the National Assembly had to vote on the nomination to fill the vacancy in the Office of the Deputy President in accordance with Article 149 of the Constitution, which he said amounted to an election.
He pointed out that whenever the National Assembly met to have an election, like the one for the Speaker or Deputy Speaker, as required by Article 106, lawmakers cast their ballots without consulting the general population.
He noted that because Article 149 mandated a vote on the nomination of the Deputy President, the obligation for public engagement did not apply to Kindiki’s selection.
Speaker Wetangula’s statement came in the wake of Navakholo MP Emmanuel Wangwe’s plea for clarification.
WETANGULA rules vote on Kithure Kindiki nomination as DP to be settled by majority; two-thirds requirement inapplicable.pic.twitter.com/elZBaX5zLk
— CapitalFM Breaking News (@BreakingNewsKE) October 18, 2024
Wangwe wanted to know if Parliament would be obligated to follow the vetting and approval procedures stated in the Public Appointments and Parliamentary Approval Act.
Wangwe, in particular, emphasized that Article 124 required that nominations requiring parliamentary approval be evaluated by a relevant committee before being submitted to the National Assembly for approval.
Speaker Wetangula indicated that there was no need to debate Kindki’s nomination before voting because the process is treated as an election.
Minutes later, Endebess MP Robert Pukose rose to request clarification on the vote threshold for the Deputy President’s candidacy.
Pukose referred to Gachagua’s impeachment process, which Speaker Wetang’ula indicated required a two-thirds majority of 233 members to pass.
In response, the Speaker stated that the bar for voting on the Deputy President’s nomination was set by Article 122, which states that every decision made by the National Assembly must be supported by a majority of the members present.
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President William Ruto nominated Kithure Kindiki on Friday morning in response to the Senate’s decision to impeach Rigathi Gachagua on five of the eleven counts leveled against him.
However, Kindiki’s nomination to replace Gachagua faces a new challenge after the High Court in Nairobi issued conservatory orders stopping Rigathi Gachagua from being replaced.
In his verdict, Justice Chacha Mwita stated that the petition filed by Gachagua’s legal team highlighted serious constitutional concerns.
Hours later, the High Court of Kerugoya issued orders preventing Kindiki from taking office.
EXPLAINED: Why Public Participation Was Not Necessary In Kindiki’s Nomination
