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Friday, October 18, 2024

A Constitutional Crisis of Two Deputy Presidents in Office. Well done, Parliament – Nelson Havi

Lawyer Nelson Havi critic Parliament’s decision to gazette the approval of Kithure Kindiki as Deputy President-Elect, despite ongoing legal challenges surrounding Rigathi Gachagua’s impeachment. This constitutional crisis arises as the High Court has issued conservatory orders that prevent Gachagua’s removal, with a case mention scheduled for October 24.

Speaker Moses Wetang’ula’s announcement marked a pivotal moment in Kenyan politics, effectively creating a scenario where two individuals could simultaneously claim the title of Deputy President. Havi’s response—“Well done, Parliament”—signals a controversial endorsement of the legislative body’s actions, despite the potential legal implications.

The duality of Deputy Presidents raises serious questions about the rule of law and the separation of powers in Kenya. While Parliament has exercised its authority to approve Kindiki, the judiciary’s conservatory orders must not be overlooked. Critics argue that this move could undermine judicial authority and set a dangerous precedent, potentially leading to further political instability.

Havi’s support for Parliament can be seen as a call for decisive action in a time of uncertainty. However, this situation may also highlight the fragile nature of Kenya’s political institutions, where legal and legislative functions appear to be at odds. The ongoing case regarding Gachagua’s impeachment, which is set to be addressed shortly, will determine whether Parliament’s actions were justified or a breach of constitutional order.

As Kenyans await the High Court’s ruling, the implications of having two Deputy Presidents could create significant governance challenges. This crisis not only questions the legitimacy of the parliamentary process but also poses a risk to public confidence in the political system. 

Ultimately, this moment calls for urgent dialogue among the branches of government to resolve the burgeoning constitutional crisis. Havi’s commendation of Parliament serves as both an acknowledgment of legislative initiative and a reminder of the potential chaos that could ensue if judicial authority is disregarded. The future of Kenya’s political landscape hangs in the balance as this complex situation unfolds.

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