This archive report was first published on 3 November 2021.
DP Ruto's Jubilee Exit: A Legal Quagmire ¶
Deputy President William Ruto's declaration that he is ready to leave the Jubilee Party has sparked a heated debate among lawyers over the consequences of his departure on his position as DP.
According to Article 150 of the Constitution, the Deputy President may be removed from office on the grounds of physical or mental incapacity to perform the functions of the office, or impeachment.
However, lawyers are divided on whether Ruto's ouster from Jubilee would cause a protracted legal battle over the consequences of his departure on his position as DP.
Dr. Wamuti Ndegwa, a law professor at the University of Nairobi, argues that Ruto's position as DP would remain safe whether he defects to UDA or is expelled from the party.
He contends that the election of the holders of the offices of the President and Deputy President is guided by the Constitution, and that Ruto's position was not based on a subsidiary legislation.
On the other hand, Makueni Senator Mutula Kilonzo Jnr counters that Ruto's seat as DP belongs to the Jubilee Party, and that he would surrender it the moment he quits the party.
Winnie Mitulah, a professor of political science, agrees that if the law were to be applied strictly, Ruto's position as DP would be untenable.
However, she notes that the way Kenya runs is convoluted, and that Ruto may just join his new party and continue serving as DP.
Section 14 (1) of the Political Parties Act stipulates that a member of a political party who intends to resign from the political party shall give a written notice prior to his resignation.
Political Analyst Dismas Mokua also suggests that removal of Dr. Ruto from the list of Jubilee membership has little consequence to his position as DP.
He argues that under the constitution, it is nearly impossible for party officials who defect from their parties or are expelled to lose their position in public service.
Published on November 3, 2021, at 11:58:40 AM.
