Explainer: What happens after a DP nominee's name is tabled in Parliament?

Parliament in session. [File, Standard]

The impeachment of Deputy President Rigathi Gachagua is currently under review in the Senate. 

If the Senate votes to impeach him, the President will be required to nominate a new Deputy President and submit the nominee's name to Parliament.

A name for Gachagua’s potential successor is expected to be presented to the National Assembly on Thursday, following a ruling on his impeachment by Senate Speaker Amason Kingi. In the race to replace him are Interior CS Kithure Kindiki, Murang'a Governor Irungu Kang'ata, Kirinyaga Governor Anne Waiguru, Prime CS Musalia Mudavadi, and others, The Standard has learned.  

Constitutional lawyer Shardack Wambui notes that the process appears to be moving swiftly. However, if the Senate finalises the impeachment, the National Assembly will need to follow constitutional procedures outlined in Article 149.

“The President must nominate a candidate to fill the vacancy within 14 days after it is declared,” Wambui explained. “In this situation, the outcome seems almost certain, and Gachagua may not survive the impeachment process.”

Wambui also suggests that the President is likely to act quickly, as he appears to have a preferred candidate ready for nomination.

The National Assembly has scheduled a special sitting for Friday, which will likely include the vetting of the Deputy President nominee. 

South Mugirango MP Sylvanus Osoro, who moved the motion for the special session, stated that the sitting would also make up for time lost during Mazingira Day and the public participation in the Deputy President's impeachment process. However, Osoro mentioned that the focus would be on "urgent business matters," including "mediated bills."

Wambui further elaborated, “Once a name is presented, the National Assembly will have 60 days to approve the nominee.”

According to the Constitution, after approval by the National Assembly, the nominee must be sworn in before the Chief Justice or, if unavailable, another judge. 

“The swearing-in does not require involvement from the Independent Electoral and Boundaries Commission (IEBC),” clarified Wambui. 

In this case, some sources suggest that the swearing-in could coincide with Mashujaa Day celebrations. However, Wambui disagrees, noting that a separate day must be designated for the process. 

“It can't take place on a public holiday. A distinct date must be set for the Deputy President's swearing-in,” she added.

As per the Constitution, the Deputy President assumes office after taking the oath and is limited to serving no more than two terms.