Attorney General Githu Muigai. [PHOTO/nation.co.ke]
Kenya cannot have a transitional or caretaker government just because of a pending presidential election.
This is according to AG Githu Muuigai.
While responding to a question on Nation's interractive segment, Githu said that regardless of the duration between the end of President Uhuru's first term and declaration of the elected president for the term that follows, Uhuru remains the president.
"Kindly clarify to the nation the right position on the issue of temporary incumbency in the Office of the President with specifics on law, powers and privileges thereof," a reader Josphat Kinoti had asked.
The AG responded, citing the article that mentions presidential elections.
"The Constitution under Article 134 is absolutely clear that from the date a General Election is declared, to the date the incumbent president is re-elected or a new one is sworn in, the incumbent president remains in office," he said.
"There is therefore no vacuum in the Executive merely because an election is under way, no matter how many times the election may be repeated. In any event, the integrity of the constitutional order cannot be substituted by any other form or arrangement of government as this would violate the express provision of Article 3(2) of the Constitution. For the avoidance of doubt, there is no constitutional basis for a caretaker government or a transition government."