Battle of Wits: Duale Clashes with Constitutional Lawyer Over IEBC’s Role in Deputy President Selection.

Environment Cabinet Secretary Aden Duale has sharply criticized constitutional lawyer Waikwa Wanyoike’s interpretation of the Independent Electoral and Boundaries Commission’s (IEBC) role in nominating a new Deputy President. This legal dispute arises amid the ongoing Senate impeachment hearing of Deputy President Rigathi Gachagua.

In a recent column, Wanyoike argued that the IEBC must be involved in nominating a replacement deputy president, citing the Constitution’s requirement for the electoral body to verify the eligibility of nominees for public office. He specifically referenced Article 149(1), which gives the President 14 days to nominate a replacement following a vacancy, and the National Assembly 60 days to vote on the nominee.

“Article 149(1) provides that within 14 days after a vacancy in the office of Deputy President arises, the President must nominate a replacement. The National Assembly then votes on the nomination within 60 days,” Wanyoike explained. He emphasized that the IEBC’s technical competence in verifying the eligibility of elective office candidates makes it essential to the process, adding, “The Constitution assigns the technical task of determining candidate eligibility to the IEBC, ensuring checks and balances.”

However, Duale, in a response posted on X on Monday, October 14, dismissed Wanyoike’s interpretation as flawed. “Wakili, you got it wrong,” Duale wrote, challenging the idea that the IEBC must be involved in the nomination. He stressed that the Constitution mandates that both the President and Deputy President must always be in office, suggesting that Wanyoike’s interpretation could lead to a constitutional crisis.

“Article 259 of the Constitution requires an interpretation that ensures the Constitution’s purposes and good governance are upheld. Wanyoike’s view would lead to an unnecessary crisis if followed,” Duale argued.

He further disputed the idea that the IEBC commissioners’ presence is necessary for the vetting process, describing their role as administrative rather than critical for nominations. “Court rulings have affirmed that the IEBC, even without commissioners, can handle administrative issues related to nominations,” he noted.

This exchange between the two prominent figures comes as Kenya faces a leadership gap at the IEBC. Following the controversial resignation of four commissioners, known as the Cherera Four, and the retirement of former chair Wafula Chebukati and two other commissioners, the IEBC remains without key leaders.

President William Ruto signed the IEBC (Amendment) Bill in July 2024 to pave the way for the appointment of new commissioners, but the process is yet to be completed. As the Senate prepares to decide on Gachagua’s impeachment, the debate over whether the IEBC’s absence poses a legal hurdle in nominating a new Deputy President continues to unfold.

The resolution of this issue will shape not only the future of the office of Deputy President but also the constitutional interpretation of the IEBC’s role in Kenya’s governance.

Article By Suzy Nyongesa.