Uhuru Handing Over Power to Ruto Has No Constitutional Merit

I’m really amused by the excitement that is being caused by the supposed handing over of power by Uhuru to Ruto. It really amuses me that the Constitution gave the DP the powers to deputize the president right from 2010 when the new constitution was promulgated. In so far as I am concerned, the handover was pure mediocrity because Uhuru Muigai Kenyatta remains the President of the Republic of Kenya and C-in-C of the Armed Forces.  You can only act as a president when there is a void in that element which must be filled by means so established by the 2010 Constitution of the Republic of Kenya. None of the conditions was fulfilled to qualify that handover as legally binding in defining who an Acting President is. So as of now, Ruto is ‘legally purporting to be the Acting President’ of the Republic of Kenya.

What Kenyans should know is that Uhuru is a smart politician who has studied the art of power in the name of Political Science at Boston University. He is adept at creating impressions which I must say hold sway with the masses and he has chipped away Agwambo’s bedrock of populist politics. What he is waiting for is to count the number of new converts in the name of votes in 2017. This handing over the instruments of power is a sham which is legally irreconcilable but politically palpable and tasty. Constitutionally, it can only happen when he is not able to discharge his duties as the President of the Republic of Kenya. Take note, being under pressure to answer charges of crimes against humanity doesn’t imply incapacitation to discharge his duties as President. He made the promise while campaigning.

Some fellow might question me and challenge me to state if Uhuru can govern the country while he is answering charges of crimes against humanity. My answer is, during campaigns he made that promise, and so far he has made more than 29 official visits to other countries since he came to power. He has spent more than four days away on some of this trips and he never ever handed over power to Ruto to act as an Acting President when he was away. My question is, according to the Constitution, the DP can only become an acting President if he takes the Oath in the presence of the Chief Justice.

If my facts are wrong, I stand to be corrected.

The handing over of the sword was a scam to hoodwink Kenyans that indeed the President was going to The Hague as an individual without the vestiges of the Presidency. It is true he is facing a personal case in the matter distinct from his role as the Head of State and C-in-C of the Armed Forces of Kenya, a critical element that defines the presidency. I laugh at the facebook posts that show Ruto proclaiming his loyalty to the President of the Republic of Kenya. This two play masters know how to get the most out of their ICC troubles. They have turned it into a political asset.

My opinion is that the handover had no constitutional force behind it and it was a mere ceremony of glitter and pomp. I muss and ask myself for the more than twenty something times Uhuru has been out of the Country, I have never witnessed him hand over power, and hand over power to what? Constitutionally that was a case of inconsequent outcomes at law. Baseless by all means in the legal spheres, but fruitful to their political mechanizations. Despite this I think the fellow who moved to Court seeking to determine the constitutionality of the handover is wasting time. Ruto was sworn in to deputize the president in 2013 and that is exactly what he is doing despite the ‘bad manners of handover ceremony.’

What does the constitution say about the inauguration of an Acting or Full time president? For that to satisfy the constitutional threshold, it must be done in a public place such as Kasarani Safaricom or Coke-cola Nyayo Stadia, or Uhuru Gardens, even Uhuru Park can do.  It cannot be in the privacy of Harambee House or State House. For one to act as president the incumbent must have been impeached, dead, mentally incapacitated, or has resigned, or by any other reason at law that makes him forfeit the presidency. So, for Uhuru to be out of the country, it does not mean Ruto can act as a president, he will continue deputizing the president despite being fooled with that Sword.

In his ‘acceptance speech’ purporting to accept the honour  of being president, Ruto made a silly joke of himself, he exhibited sycophancy on facebook that are relics of his Moi era rise to stardom. May be it will work out for him in his bid for State House in 2022, but he must be careful to note Agwambo will not be in that challenge by then, and a new entrant will come into power. He is bound to run for his money. Ruto may be cursed to being the kingpin game changer of the political landscape without ever being the king, just like Agwambo. Only time will tell if he can actually take the presidential oath of office after winning a general election and not just filling a non-existent gap in law when his superior is in court answering allegations of rape, murder, and forced displacement of people.

I therefore advance my opinion, this handover  is a farce in legal perspectives, but a clever political ploy to create the impression matters at The Hague are so serious that for Uhuru to be out of the country he must ‘handover power’ to Ruto because there will be a power vacuum. I qualify that as pure nonsense. If the DP is not there, the Speaker of the National Assembly can take over, if the Speaker is not there, The Chief Justice, if the Chief Justice is not there, what the hell will the cabinet be doing? Can you Kenyans please revisit your Constitution and read it! This handover is pragmatically legal nonsense, but a serious political mileage for the Two Boys, Uhuru and Ruto, and a dirty scar on perpetual campaigner Agwambo.

Do you see why it is dangerous not to pay your dues? I can’t edit your work and you start bothering me over a few K. Watch this, I edited this statement someplace

The study made the following recommendations;

Parliament to re-evaluate the Alcoholic Drinks Control Act and align it with socio-economic needs, capacities and expectations of the poor.

Undertake civic education and encourage alcoholics to undergo rehabilitation in to lead to a positive change from alcohol taking behaviors rather than use the law enforcement agencies to curb alcoholism

Develop socio-economic policies and strategies for the empowerment of women with alcoholic husbands to make them more economically productive to enhance the provision of quality care to their children and families.

Classical Stupidity of All Kenyans as Blind Political Followers

Agwambo followers don’t believe he can be wrong. Uhuruto followers don’t believe they can be wrong. And history is but a record of events of a different time epoch, lessons are the same, players are the same in character but different in body, the setting the same, context is what is different. As Wanjiku what reasons do have to believe that your choice of the man you ascribe to is wrong? Do you believe your opposing camp could be having a point? That is my query to all Cordashians and Jubileeans plus Amanis and Tip tips . I have to include even the unknown or whatever Eagles and elephants in the political climate of Kenya.

One might say, so what the hell was Kalonzo doing for all the years he was within the government? So I question, what the hell was RAO doing? What about Uhuru? Mudavadi? Ruto? My verdict is simple, at that time they did what they thought was good for them or may be, may be to some fortunate extension, the country. They are no different now only that the stadia they used to play the ball games has made them wear different uniforms. The stadia have changed and players transferred to in different teams. Ronaldo will be Ronaldo whether in Real Madrid or Manchester United. Elections being the transfer windows. For the same old causes? History will be the judge.

On the other side Ruto is seen as disaster in waiting. My point is, what we think we know, may not be. What validity do we have to advance our opinions as factual? The answer is, many of you guys are blind to the fact that the positions you take have been doctored and engineered by the leaders, regardless of what side you are. If we could dialogue with supreme reason in our own selves, you will be able to decipher the fallacies Uhuru feeds u to get your unfettered support. On the other side, If we could dialogue with supreme reason in our own selves, you will be able to decipher the fallacies RAO feeds u to get your unfettered support

My opinion, all leaders are the same rotten eggs, we need another sweeping change across the political platform. New players with ideologies of diverse nature but with unity of purpose to the goals of national unity and developmental growth.

So my dear Kenyans, you as the common man who keeps on complaining that leaders are the ones who make you fight at the grassroots as they exchange pleasantries at the top, aren’t you the greater fool? You are stuck with your political demigods. You only abhor to the fullest they that you hate without reason. Or admire them with religious fervent that you love without asking yourselves, “can he/she be dead wrong?”. You are the silly creatures. Let the leaders have their fill as you complain with your brainless minds. Minds? Minds ought to think. reason, explore and discover the truth by itself. You should not be fed de facto truth by the political class and applaud it as heralding Gospel truth. De Facto truth is a potential recipe for outrageous falsehood

Kudos to the political class. What else matters? The fox has had his kill, but the rabbits are congregating. Now the hyenas will come, and by the end of the day, wild dogs are coming in, because they do not know how big the meat size is They think it was enough for two, or a million of them, the rabbits will soon start fighting. The rabbits are the common voters.

Kenyan Wanjikus, Cheronos, Nanjalas, Denas, Fatumas, Adhiambos et cetera, you are the fools. You actually deserve the suffering you undergo as a nation. But if you learn, and use your heads in the correct manner, liberty is all yours.