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Six things President Uhuru Kenyatta has no constitutional power to do

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By Mercy Asamba | September 14th 2017

The September 1 Supreme Court declaration annulling the August 8 presidential election while ordering a fresh one to be held had far-reaching implications. For example, it reduced the president’s full powers to those of a temporary incumbent. This is a constitutional obligation that limits some of his powers.

The Constitution allows a temporary incumbent an array of powers but stops him from discharging key functions until the Independent Electoral and Boundaries Commission (IEBC) declares him president and is sworn into office.

According to Article 134 of the Constitution, a temporary incumbent holds forte until the conclusion of the process as ordered by the Supreme Court.

Here are the six things President Uhuru cannot do during this period;

  1. Nomination or appointment of the judges of the superior courts
  2. Nomination or appointment of any other public officer whom this Constitution or legislation requires the President to appoint
  3. Nomination or appointment or dismissal of Cabinet Secretaries and other State or Public officers
  4. Nomination or appointment or dismissal of a high commissioner, ambassador, or diplomatic or consular representative;
  5. Exercise the power of mercy
  6. Authority to confer honours in the name of the people and the Republic

National Super Alliance MPs on Tuesday boycotted opening of 12th Parliament saying President Uhuru had no authority to do so. They vowed not to attend any Parliament sitting until the repeat election is done with.

 IEBC slated the fresh presidential election for October 17 after Supreme Court’s order.

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