Kenya: Can a Retiring President Choose to Be a Deputy President?

Nairobi — The decision by a section of some Governors who are serving their second and final term in office to seek re-election as Senators has left some pondering if the same can be applied to a President who is due for retirement.

Narok Senator Ledama Ole Kina has suggested that the Constitution is vague on the subject hence a sitting President who is serving his second and final term in office should not be restricted if he or she desires to deputize a President.

“Thinking out loud. If Governors are running for Senate why can’t the President run for Deputy President?” he posed.

Senator Ole kina noted that “the constitution is never very clear that’s why it’s interpreted by the Supreme Court”.

Article 142 of the Constitution explicitly stipulates the term of office of the President but it fails to state on what should happen in the event he opts to seek the office of the deputy president.

Six second-term Governors have since expressed interest to vie as Senators in the August polls.

They include: Governors Jackson Mandago (Uasin Gishu), Ali Roba (Mandera), Kivutha Kibwana (Makueni), Samuel Tunai (Narok), Martin Wambora (Embu) and Alex Tolgos (Elgeyo Marakwet).

President Uhuru Kenyatta who is scheduled to proceed on retirement on August 9 after serving his second terms has frequently been accused of trying to use the backdoor to remain in office.

The accusation was highly magnified during the initial stages of the now flopped constitutional changes which were being done through the Building Bridges Initiative (BBI)

The BBI notably aimed to restructure the current winner-takes-all electoral system by creating new executive posts and increase the number of parliamentarians from 290 to 360

But it was seen by critics as a way to enable President Kenyatta — who has served two terms and is barred from running for president again — to remain in power by establishing the post of Prime Minister.

President Kenyatta has repeatedly denied claims that he is eyeing to remain in power after the August polls.

The Head of State is currently the Chair of the Azimio La Umoja One Kenya Council whose presidential flag bearer is Raila Odinga.