Long ago, while we were growing up in the village, there was this “law expert”, who taught us that walking in the market, carrying a panga, in the right hand, was a criminal offence, pushishable by law
We were told, if you were to carry the tool, (or is it a weapon?) in the market, you must hold it on your left hand, to avoid breaking law, and risk being arrested
The population of the day, was largely ignorant, and even if they were interested in some enlightenment, the means to acquiring that knowledge, would still cripple their efforts
Miguna, despite being thoroughly knowledgeable on legal matters, intentionally makes sensational claims that in a presidential system, there cannot be an impeachment of the deputy president, bacause the later is a principal assistant to the president and was elected on the same ticket
In his thinking they are one inseparable unit called presidency and if one is corrupt or incompetent, then the duo must be yoked together, in case of any consequences. Says he, Ruto deputises Uhuru in incompetence, corruption etc
Here, he imagines the population is too ignorant to know that presidency and the deputy presidency, though not separate, and coming into office as one entity can be separated, when being ejected from office and infact, apart from an election petition, which happens before swearing in, there is no other constitutional way that an remove both the president and his deputy, at once
That is why article 150, exists in the constitution
If a deputy president engages in a gross violation of the constitution, among other grounds provided for in the laws, he is impeached, in a procedure prescribed by the same constitution
Didn’t Kajwang also not attempt to impeach Saitoti?
Is this a scheme by the opposition to take power? What else can it be? What’s the purpose of the opposition if not to take power and rectify that which the government of the day can’t do right?
In any country which practices competitive politics, also called democracy, for governance, the opposition is always regarded as the government in waiting
Whereas the ruling party will employ every trick in book not to lose the incumbency, the opposition is known to employ every constitutional means to gain power
That can be through elections, impeachment, etc etc. For anyone to say that the opposition is planning to get into the government through this motion is to say that someone has no clue what a democracy is.
There is absolutely nothing wrong with anyone planning to take power, as long as it it constitutional, unless someone convinces me that power is somebody’s birthright
Lastly, is Orengo wrong or right?
Orengo isn’t an ordinary Senator. This is the man who intruduced a motion of no confidence to impeach president Moi, in the mid 90s, at the height the latter’s dictatorship, when everyone was wagging their tail to the tune nyayo
Whereas one needs an electronic microscope, to notice Miguna contribution to democracy in this country, Orengo’s can be traced to UON, to the days he was a “bearded sister”, to the days of saba saba, to Muungano Wa Mageuzi, to the days he grabbed Musalia’s budget brief case, to his famous petition of Uhuru’s stolen victory etc
Even in court, he is more known than Miguna, whose greatest achievement is to be arrested. We can only settle on Miguna, at the expense of Orengo, if the mission is wrestling. The former’s mastery of the laws of the land ie standing order, can only be told by Ole Kaparo
Orengo is not a Sudi or an Aisha Jumwa or a Mbadi or a Junet or a Waluke or Didimus, who can’t tell left from right
Let him be, as long as he isn’t breaking any law. Whether he is supported by ODM or not. The constitution doesn’t stipulate than an impeachment must be discussed and approved by the originator’s political party
Whether it flops or not, isn’t an issue, what’s important is that he is within his rights to do so