Attorney-General Githu Muigai. He has dismissed claims of a looming
constitutional crisis as the country prepares for repeat presidential
election. PHOTO | FRANCIS NDERITU | NATION MEDIA GROUP 
Attorney-General Githu Muigai has dismissed
claims of a looming constitutional crisis as the country prepares for
repeat presidential election.
Mr
Muigai on Thursday said National Super Alliance (Nasa) lawyers' recent
claims that a caretaker or transitional government would formed if IEBC
fails to hold the poll were misguided.
Speaking at his
office, the government’s chief legal adviser said President Kenyatta
would enjoy all the powers bestowed on his office until the next head of
state is sworn in.
The powers, he said, include that of the Commander in Chief of the armed forces.
Nasa
lawyers, led by James Orengo, have described the status enjoyed by
President Kenyatta as “temporary incumbency” as provided in Article 134
of the Constitution.
The Article mentions the period between the election date and the day the newly elected president is sworn in.
No question
Prof Muigai, however, stated President Kenyatta’s legitimacy could not be questioned.
He said the Constitution only restricts President Kenyatta from carrying out some functions as stated in Article 134(2).
They
include 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.
“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.
Kenyans head for the repeat presidential poll on October 26, after the August 8 election was nullified by the Supreme Court.
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