Uhuru in charge until next president sworn in: AG Muigai

The Constitution doesn’t provide for a caretaker or transitional government, the Attorney-General Githu Muigai has said insisting that President Uhuru Kenyatta enjoys full Executive mandate.

In a move meant to mute talk of power vacuum, Prof Muigai maintained the Constitution dictates that the president enjoys full presidential powers from the day an election is held until a new president is sworn in.

The AG’s remarks have been sparked by the opposition National Super Alliance (NASA) claims that the country is in a state of ‘temporary incumbency,’ which may plunge the country into a constitutional crisis if an election is not held within 60 days after nullification of presidential poll.

“The legitimacy of the government in hand is not in question. Until such a time when a new president and deputy president are sworn-in, the current crop (President Kenyatta and DP Ruto) is legitimate,” said the AG Muigai.

The chief government legal advisor said that President Kenyatta will still enjoy total powers, including that of a Commander-in-Chief of the Armed Forces, apart from those stipulated under Article 134(2) of the Constitution which includes appointment of judges, nominations of persons to constitutional offices, dismissal of cabinet secretaries or other public officers, appointment of high commissioners and the power of mercy.

“Any attempt to establish any form of government other than in compliance with the constitutional is unlawful. There is no caretaker, transition, government in our constitution. Just because the August 8 presidential elections was nullified by the Supreme Court doesn’t mean that we don’t have a president,” added Prof. Muigai.

The Independent Electoral and Boundaries Commission has scheduled October 26 as fresh presidential election date, with talk of President Kenyatta not having full powers as the Head of State ensuing in the public domain.