Makueni Senator Mutula Junior, a reputable legal mind, has dissected the eligibility of a Deputy President to contest for president once they serve under a president for two terms.
Mutula had been keen on the ongoing debate on whether the Deputy President William Ruto would be eligible to contest the presidency in 2022 when he shall have served under President Uhuru Kenyatta for two terms.
The Constitution of Kenya-2010, states that "The President shall hold office for a term beginning on the date on which the President was sworn in, and ending when the person next elected President is sworn in."
The law further states that a person shall not hold office as president for more than two terms.
In Senator Junior's view, should the law have sought to bar the Deputy President from seeking the presidency, then stating it as such would have been the easiest thing to do.
"If the law intended to bar a deputy president from vying as president, nothing would be easier than to say so expressly. That’s the Golden rule of interpretation. Words must be given an ordinary meaning unless it leads to an absurdity," argues Senator Junior.
However, Mutula admits that there are Kenyans of the considered view that when a president serves two terms, the deputy is deemed to have served as president and cannot vie to be a deputy president or president.
He sees this as 'a theory' which would still be a concern at County level politics where a Deputy Governor serving the second term would be deemed ineligible to contest for the Governor's seat.
To Mutula Junior, it is a 'Game of Thrones.'
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