Deputy President Rigathi Gachagua. Inset is Speaker Moses Wetang'ula.
The country will mark Mashujaa Day celebrations on October 20, 2024, perhaps with a deputy president nominee, should the Senate uphold last week's impeachment of Rigathi Gachagua by the National Assembly.
Although the National Assembly does not usually sit on Friday, a session has been scheduled this week with expectations that President William Ruto will transmit to the House the name of his DP nominee for processing.
The Friday sitting and the likelihood of a DP nominee announcement will come just a day after the Senate has made its decision on the impeachment charges against DP Gachagua.
On Tuesday, the House Business Committee (HBC) of the National Assembly met and altered its calendar to have a sitting on Friday, a day the MPs were scheduled to proceed on a short recess.
The alteration of the House’s calendar was subsequently approved by the House at the plenary.
“That this House resolves to hold sittings on Friday, October 18, 2024, commencing at 9.30am for the morning sitting and 2.30pm for the afternoon sitting, for purposes of considering priority business, including mediated Bills,” the approved motion altering the House calendar reads.
This means that the House will now break for a short recess on Tuesday, October 22, 2024.
The HBC, chaired by the House Speaker, meets every Tuesday afternoon when the House is in session to schedule business to be transacted in the House.
Although it is not clear which position the Senate will take on the impeachment charges against DP Gachagua, sources within parliament say that the House will be sitting on Friday to formally receive a DP nominee’s name from President William Ruto.
“It is a given that the MPs will be officially notified of the DP nominee on Friday to pave the way for the approval processes to kick in. It is the reason the House is sitting on a Friday otherwise why would it sit on such a day?” an MP who sits on the HBC posed.
Wiper leader Kalonzo Musyoka has also faulted the Friday sitting.
“They have scheduled a sitting on Friday to receive the name of the DP nominee even before the Senate has made its position on the impeachment charges against the DP,” said Mr Musyoka.
Article 149 of the Constitution states that within 14 days after a vacancy in the office of Deputy President arises, the President shall nominate a person to fill the vacancy.
The National Assembly shall then vote on the nomination within 60 days after receiving the nominee from the president.
However, there is no clarity on what should happen within the 60 days within which the National Assembly is required to consider and approve or reject the nominee.
Section 3 of the Public Appointments (Parliamentary Approval) Act of 2011 says that an appointment under the constitution or any other law “for which the approval of Parliament is required shall not be made unless the appointment is approved or deemed to have been approved by parliament in accordance with this Act.”
Although the law grants 14 days within which the MPs are required to approve the nomination of individuals who require parliamentary approval, the constitution states that the name of the DP nominee must be considered within 60 days.
