Nairobi News

Nandi Senator Samson Cherargei has called on President William Ruto to suspend the Kenyan Constitution for 72 hours in order to deal with former president Uhuru Kenyatta and opposition leader Raila Odinga.

The senator branded the Mr Kenyatta and Mr Odinga insurgents.

“We need to suspend the constitution for only 72 hours to deal with internal terror groups, insurgents and anarchy perpetrated by Uhuru/Tinga in finality. The duo should also be denied state perks eg security, official cars, offices and retirement benefits,” said Senator Cherargei.

His remarks came after the opposition Azimio la Umoja – One Kenya Coalition announced plans to resume the anti-governmen protests between Wednesday and Friday this week.

“The President has confirmed to the country there shall be no demonstrations in the country because we are aware Azimio One Kenya Alliance, Raila Odinga and Uhuru Kenyatta want to burn this country. We are aware of their plans to overthrow the government and we don’t take those threats lightly because Raila Odinga has a history of trying to overthrow the government,” the said Senator without providing any evidence on the same.

Also read: Kenya responds to UN claims that police used excessive force during protests

“…You (President Ruto) were given power. Use that power to crush local terrorism, insurgency, mutiny and abuse of law by Raila Odinga and Uhuru Kenyatta,” he went on.

The two anti-government protests against the runaway high cost of living have been characterised by violence, loss of life and widespread destruction of property. Azimio has also been rallying their supporters to resist increased taxes and to stand up against the recruitment of new Independent Electoral and Boundaries Commission commissioners to replace those who renounced the results of last year’s presidential election.

A Constitution is the legal standing of a country. It also states the fundamental principles by which a country is governed and creates the leadership matrix of the nation; and how arms of government relate. A Constitution creates the Presidency and all it entails.

Also read: This is why you have to drive at 80km/h on Nairobi Expressway

It is therefore an oxymoron for Senator Cherargei to call on President Ruto to suspend the very legal framework that provides for his office to exist. Suspending a Constitution may either entail temporarily stopping its functions or delaying implementation of parts of it.

The Kenyan Constitution only provides for the suspension of county governments under Chapter Eleven – Devolved Government, Part 6 on Suspension of county governments. In this instance, the President can suspend a county government if there is an emergency arising out of internal conflict or war, and in any other exceptional circumstances.

And for a County government to be suspended in the event of an emergency, an independent commission of inquiry first has to investigate allegations against the county government; and if the President is satisfied that there is proof, he can authorize the suspension. However, the Senate may at any time terminate the suspension which is not allowed to extend beyond three months. Once the 90 days are up, elections in the county in question must be undertaken.

Also read: Why self-proclaimed prophet was kicked out of President Ruto’s function