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Updated Thursday, July 19 2012 at 21:43 GMT+3

BY ALEX NDEGWA and WAHOME THUKU

Early election campaigns have focused on presidential hopefuls to the exclusion of potential running mates on whom the Constitution thrusts automatic tenancy at State House in two extreme circumstances.

The first exceptional circumstances in which a running mate, who automatically becomes the Deputy President if his or her candidate wins, are death of the president-elect before swearing-in, or after the first-half of the five-year-term.

The other exceptional circumstance is if the President is impeached, in which case like in the case of the president-elect dying before being sworn-in, the second-in-command will assume the top office for a 60-day period within which fresh elections have to be held.

In case both the president-elect and the designated deputy die before taking over, according to Chapter 139, the Speaker of the National Assembly acts as President for the 60-days within which another election must be held. 

These provisions that have attracted little attention in the on-going campaigns are what political analysts would wish to pay more attention to as they evaluate the aspirants, for they could just end up wielding power.

But interestingly, if the President is impeached, say though joint effort by those against him or her in Parliament, and probably even with the instigation of his or her deputy, there is a possibility the second in command takes over.

This is because the law provides that the President can also be removed through a Motion by an MP supported by at least a quarter of all members on the basis of investigating him or her for physical or mental capacity to rule. The process will, however, involve a tribunal to be appointed by the Chief Justice. 

This is very much unlike the old Constitution that gave the President a 90-day period to rule if his or her boss died in office, because at least on one score, he or she gets to complete the term of the one elected to rule.

The current Constitution has also made it impossible for the first and second candidate, in cases where there is no clear winner in the first round, to change running mates.

Unlike in the previous years when the Head of State could reshuffle his Cabinet, including the Vice- President, the ball game has changed with the new Constitution:  The number two is effectively cushioned by law from just being a ceremonial assistant, but a de facto deputy and co-ruler.

Deputy President

The Deputy President upon taking oath of office shall be expected to stay in office from the time of swearing-in until the next elections. The person can only be removed from office on the same grounds as the President, largely through impeachment or in the unfortunate circumstances of death, or on his or her own volition.

Members of Parliament and analysts interviewed say the selection of a running mate, should be guided by whether the choice is equally capable of running the country, not just one who can support the cast.

Under the new constitutional order the deputy shall also act as President when the country’s chief executive is absent or temporarily incapacitated.

Although none of the presidential aspirants has picked a running mate, names of possible nominees have been floated. Roads minister Franklin Bett and Tinderet MP Henry Kosgey are tussling to be named Prime Minister Raila Odinga’s running mate in Orange Democratic Movement. Other names being floated include Water Minister Charity Ngilu, and Central Imenti MP Gitobu Imanyara.

Eldoret North MP William Ruto has named Environment minister Chirau Mwakwere as his possible running mate although the Matuga MP is also running for Kwale Senate. 

It is thought Deputy Prime Minister Uhuru Kenyatta has settled for Justice minister Eugene Wamalwa, although the Saboti MP insists he, too, is running.

Presidential candidates enjoy the discretion of picking the running mate, even if through the mechanism set independently by political parties.

The chairman of the House Constitutional Implementation Oversight Committee Abdikadir Mohammed advises parties and voters to ensure proper scrutiny. “They (parties) should give serious thought to that position (of running mate). They should understand it is one presidential ticket and the Deputy President would essentially be a substantive deputy should the ticket win,” Abdikadir told The Standard.

Budalangi MP Ababu Namwamba said Kenyans had not embraced the radical constitutional change that elevated the Deputy President to a “substantive part of the presidency in an elective sense.”

“I think Kenyans still have the mindset of the running mate as a flower girl for the president,” Namwamba said. He added: “That clearly isn’t he case.”

Safina presidential aspirant Paul Muite said vigorous civic education is needed so that voters appreciate the impact of a presidential ticket.

 “You will vote for them as a package, which means the running mate is no longer a person to merely string along but one who can be president,” he added.

Mars Group chief executive Mwalimu Mati said the decision of who should be running mate should be informed by whether he or she is capable of running the country.

Mati cited the 2008 US presidential election in which Republican candidate John McCain picked Alaska Governor Sarah Palin as running mate only to be criticised over her inexperience.

In Malawi Vice-President Joyce Banda took over the presidency after the death of President Bingu wa Mutharika. Ms Banda had fallen out with the President and had even been sidelined from the party, but the president could not fire her since the Constitution does not allow so.

Mati added: “The process of identifying a running mate is far more important than even the single decision to run for president.”

He says though the scenario of a deputy succeeding the president automatically has worked in other places, it’s not proper and should not have been provided in the constitution.

The Constitution also provides that if the President dies or vacates office for any other reasons after being sworn in the Deputy President shall serve for the remainder of the term. Only if the Deputy President was unable to take up the office would a by-election be held within 60 days after the seat falls vacant.