AG Muigai: No room for caretaker government if polls delay

Attorney-General Githu Muigai addressing the press in Nairobi. PHOTO: COURTESY.

Nairobi, KENYA: Attorney General Githu Muigai has refuted the assumption of having a constitution crisis after the 60 days given by the court elapses.

Addressing the media in Nairobi on Friday, Githu explained that the constitution mandates the sitting president to rule till when a new president is sworn in thus, there can be no vacuum that can be created in regards to expiring of the date.

The chief legal adviser noted that, there is nothing like “temporary incumbency” stated in the constitution as is being claimed by National Super Alliance NASA lawyer James Orengo,citing that president Uhuru Kenyatta legitimacy could not be questioned.

“There is no room for the creation of any other form of government. Until the day of the swearing-in of a newly elected president, the legitimacy of the government cannot be questioned,” he said.

He added that, president restriction in the constitution comes only when carrying out some functions stated in Article 134(2) that includes, nomination or appointment of judges, appointment or dismissal of cabinet secretaries or any other state or public officers and conferring the power of mercy or honours.