Lawyer says constitution does not allow DP to resign before Elections

City lawyer Peter Wanyama has sharply disagreed with activist Okiya Omtata over his petition seeking to force Deputy President William Ruto and any other public officers seeking to succeed President Uhuru Kenyatta to resign ahead of nominations.

In a case filed under a certificate of urgency, Mr Omtatah said any public officer, including a sitting deputy president, governor, deputy governor, MP or MCA must vacate office before nomination as a presidential candidate.

But Wanyama has said this is a debate contrary to the law  as the Constitution did not envisage that at any time there would be a vacuum in the office of the DP.

“Please note that the Constitution is interpreted conjunctively; this means all clauses are considered-interpreted to create harmony. The DP is the next in line to the President. There is no way he can be compelled to resign from office under the present constitutional dispensation. Okiya Omtatah’s case is more sensational than a credible mounting of a serious Constitutional question” noted Wanyama

Garissa Township MP Aden Duale also termed the petition as derail tactics and that the move is intended to create confusion.

“One would wonder why any person would want to close their ears when the law is speaking and shouting, but it is obvious that this is just another unfounded derail tactic,” he said.

Contrary to constitutional provision that all public officers must resign before seeking election nomination, Section 43 of the Elections Act allows a sitting deputy president, governor and deputy governor to vie for other elective positions other than the ones they hold, he argued. The Advocate of the high court

Section 43(5) and (6) of the Elections Act provides that a public officer who intends to contest an election under the provision shall resign from public office at least six months before the date of election but that requirement does not apply to the president, deputy president, MP, governors and MCAs .

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