The Attorney General Githu Muigai has set the record straight and downplayed fears of a constitutional crisis should the election take longer time than ordered by the Supreme Court.
Speaking on Friday, the AG said President Uhuru continues to hold full powers bestowed upon his office until a new president is sworn-in. Prof. Muigai emphasized that the legality of Uhuru continuing to conduct business as president is not questionable.
AG Muigai emphasized that the legality of Uhuru continuing to conduct business as president is not questionable.
“Any attempt to establish a government other than the way stated in the Constitution is unlawful”, he said.
The president may not, however, perform some duties as stated under Article 134(2), which include nomination or appointment of judges, appointment or dismissal of cabinet secretaries or any other state or public officers and conferring the power of mercy or honors.
The AG continued to say that there’s no chance whatsoever of a constitutional crisis, even if the election is not held within the 60 days timeline ordered by the Supreme Court.
“There is absolutely no chance of a constitutional crisis if the election does not take place within the set timelines,” he said.
The AG asked political analysts and legal experts to read the constitution ”holistically” to better understand it.
His statement comes amid rumors that the country may get to a crisis where Uhuru would no longer have any presidential power even before the swearing-in of the new president.
Experts had argued that the country would then be under an interim or a caretaker government.
“There is nothing like a transitional or interim government. Until the swearing-in of the newly-elected president, the government in office enjoys legitimacy. The legitimacy of the office is in full force,” said Attorney General.