Nusu Mkate, a mirage?

[Kenyan_Troll]

As per article 134, in temporary incumbency the president still has the power to appoint or dismiss CSs and state officials.

@Willy Matadi

Temporary incumbency, a weak president for that matter he wont be able to fire his CSs or even appoint a tribunal of any nature. The sooner we do away with the elections the better

[Shaaban]

Stop overthinking. Nobody wants Nusu mkate…elections will be over, Uhuru finishes his term, Ruto begins his in 22

[Willy_Matadi]

@Kenyan Troll

As per article 134, in temporary incumbency the president still has the power to appoint or dismiss CSs and state officials.

Read carefully again.

Exercise of presidential powers during temporary incumbency.

134. (1) A person who holds the office of President or who is authorised in terms of this Constitution to exercise the powers of the President—

(a) during the period commencing on the date of the first vote in a presidential election, and ending when the newly elected President assumes office; or

(b) while the President is absent or incapacitated, or at other times contemplated in Article 147 (3),

may not exercise the powers of the President specified in clause (2).

(2) The powers referred to in clause (1) are—

(a) the nomination or appointment of the judges of the superior courts;

(b) the nomination or appointment of any other public officer whom this Constitution or legislation requires the President to appoint;

(c) the nomination or appointment or dismissal of Cabinet Secretaries and other State or Public officers;

(d) the nomination or appointment or dismissal of a high commissioner, ambassador, or diplomatic or consular representative;

(e) the power of mercy; and

(f) the authority to confer honours in the name of the people and the Republic.

[Fisi]

@Willy Matadi

Read carefully again.

Exercise of presidential powers during temporary incumbency.

134. (1) A person who holds the office of President or who is authorised in terms of this Constitution to exercise the powers of the President—

(a) during the period commencing on the date of the first vote in a presidential election, and ending when the newly elected President assumes office; or

(b) while the President is absent or incapacitated, or at other times contemplated in Article 147 (3),

may not exercise the powers of the President specified in clause (2).

(2) The powers referred to in clause (1) are—

(a) the nomination or appointment of the judges of the superior courts;

(b) the nomination or appointment of any other public officer whom this Constitution or legislation requires the President to appoint;

(c) the nomination or appointment or dismissal of Cabinet Secretaries and other State or Public officers;

(d) the nomination or appointment or dismissal of a high commissioner, ambassador, or diplomatic or consular representative;

(e) the power of mercy; and

(f) the authority to confer honours in the name of the people and the Republic.

That means temporary incumbency is between the voting day and inauguration/swearing in. So until such a time when the election is held and the winner is sworn in the current president is still a full executive president. This means that until we hold the presidential election, the temporary incumbency shall not arise neither will a coalition/caretaker government unless we change constitution through a referendum.

[Willy_Matadi]

@Fisi

That means temporary incumbency is between the voting day and inauguration/swearing in. So until such a time when the election is held and the winner is sworn in the current president is still a full executive president. This means that until we hold the presidential election, the temporary incumbency shall not arise neither will a coalition/caretaker government unless we change constitution through a referendum.

Elections have already been held and nullified as a result of which the date he was to be sworn is well past. As it is Uhuru is serving under temporary incumbency until elections are held and finally a president is sworn to office, that is when temporary incumbency will come to an end. Nusu mkate is not mentioned anywhere in the constitution unless there is a crisis and all parties agree to a political solution.

[Fisi]

@Willy Matadi

As it is Uhuru is serving under temporary incumbency until elections are carried out and finally a president is sworn to office, that is when temporary incumbency will come to an end.

Read 134 (1) (a) of what you posted earlier-when a temporary incumbency commences and when it ends…

[Willy_Matadi]

@Fisi

Read 134 (1) (a) of what you posted earlier-when a temporary incumbency commences and when it ends…

Exercise of presidential powers during temporary incumbency.

134. (1) A person who holds the office of President or who is authorised in terms of this Constitution to exercise the powers of the President—

(a) during the period commencing on the date of the first vote in a presidential election, and ending when the newly elected President assumes office; or

(b) while the President is absent or incapacitated, or at other times contemplated in Article 147 (3),

Date of first vote was on 8th August assumption of office will depend on 17th October. Right?

[Fisi]

@Willy Matadi

Exercise of presidential powers during temporary incumbency.

134. (1) A person who holds the office of President or who is authorised in terms of this Constitution to exercise the powers of the President—

(a) during the period commencing on the date of the first vote in a presidential election, and ending when the newly elected President assumes office; or

(b) while the President is absent or incapacitated, or at other times contemplated in Article 147 (3),

Date of first vote was on 8th August assumption of office will depend on 17th October. Right?

My friend , August 8th election was declared null and void so technically no election took place for the 5th President of the republic of Kenya

[Willy_Matadi]

@Fisi

My friend , August 8th election was declared null and void so technically no election took place for the 5th President of the republic of Kenya

You my friend cannot read written words, I rest my case.

[Nattydread]

@Fisi

That means temporary incumbency is between the voting day and inauguration/swearing in. So until such a time when the election is held and the winner is sworn in the current president is still a full executive president. This means that until we hold the presidential election, the temporary incumbency shall not arise neither will a coalition/caretaker government unless we change constitution through a referendum.

Perfect explanation @Fisi.

[Nattydread]

@Willy Matadi

Date of first vote was on 8th August assumption of office will depend on 17th October. Right?

That was declared null and void.

[marine1]

@Mathaais

I like this version better, this is the option Jubilee should consider if babuon sabotages elections.

Only problem with that is jeshi iki unleashiwa it wount matter whether u jubilee or NASA.watafagia sisi wote.
Lets just pray raila akubali yaishe.besides he has other opposition members who can push his agenda.

[kwido]

@Nattydread

That was declared null and void.

I during the period commencing on the date of the first vote in a presidential election…[/I]
why did the constitution drafters include ‘date of the first vote’? I think they foresaw a situation where a presidential election gets nullified and hence the phrase, ‘date of the first vote’ would mean 8th August 2017 in this case.
In a rather funny way, the same constitution gives back the powers it seemed to take away from the president during the temporary incumbency period by saying in article 134(1) that he ‘might not’ wield the six (6) powers listed in article 134(2).
In short, UK amekalia kiti sawa sawa.
Lastly, TMTWNEEEEEEBPORK

[kwido]

@Mukite Wanameme

Is it the same lion that throws hands in the air and says “mnataka nifanye nini jameni”?

Is it the same lion that addressed us on national TV visibly drunk and unable to stand because the court had nullified his win?

Well tell that lion that the people who messed up this election are at IEBC, awachane na Maraga.

Maraga ni mkora. how do u explain them not checking the evidence (election materials) deposited in court by IEBC as required by law? is it laziness or a don’t care attitude?
How comes he found illegalities and irregularities and found no one culpable?

[Willy_Matadi]

I would subscribe to the submissions made by the AG during the petition where he is of the opinion that the court ought to interpret the constitution as it is worded and only where there is ambiguity then it should seek the spirit of the constitution. In this case we have clearly written expression of the constitution yet some are introducing ambiguity so as to go seeking the spirit that is not of the constitution.

[Kenyan_Troll]

@Willy Matadi

Read carefully again.

Exercise of presidential powers during temporary incumbency.

134. (1) A person who holds the office of President or who is authorised in terms of this Constitution to exercise the powers of the President—

(a) during the period commencing on the date of the first vote in a presidential election, and ending when the newly elected President assumes office; or

(b) while the President is absent or incapacitated, or at other times contemplated in Article 147 (3),

may not exercise the powers of the President specified in clause (2).

(2) The powers referred to in clause (1) are—

(a) the nomination or appointment of the judges of the superior courts;

(b) the nomination or appointment of any other public officer whom this Constitution or legislation requires the President to appoint;

(c) the nomination or appointment or dismissal of Cabinet Secretaries and other State or Public officers;

(d) the nomination or appointment or dismissal of a high commissioner, ambassador, or diplomatic or consular representative;

(e) the power of mercy; and

(f) the authority to confer honours in the name of the people and the Republic.

I did read it ‘carefully’…key word is MAY not…MUST/SHALL not would be the term to strip off these powers and make it illegal for the president to perform those duties.

[Willy_Matadi]

@Kenyan Troll

I did read it ‘carefully’…key word is MAY not…MUST/SHALL not would be the term to strip off these powers and make it illegal for the president to perform those duties.

Hawk eyed! You caught me on that one.