NASA's threats to boycott vetting new Cabinet Secretaries to be announced by President Uhuru Kenyatta is inconsequential.
Political analyst Martin Andati on Tuesday said Jubilee MPs can still use their tyranny of number in both houses to pass the nominees.
National Assembly Minority leader John Mbadi has written to the Speaker of the National Assembly stating that the opposition will not take part in the process.
"By him alleging that the coalition does not recognise the legitimacy of President Uhuru Kenyatta it is only a political statement but as far as the constitution is concerned Uhuru was legally sworn in by the Chief Justice David Maraga," Andati said during an interview with The Star.
Mbadi who also doubles up as ODM national chairman said on Monday that NASA will not propose names of members to take part in the vetting of new cabinet secretaries.
The Suba South MP said NASA does not recognise President Uhuru Kenyatta as Kenya's legitimate leader so the appointing authority is vacant.
"As you are aware and is clearly spelt out in standing order 204(1), the only responsibility of the committee on appointment is to consider for approval by the House, appointments under Article 152(2) of the constitution.
"This requirement presupposes and anticipates the naming of cabinet secretaries by the appointing authority. In view of the above, I wish to remind you that the office of the appointing authority for cabinet secretaries is vacant hence no need to constitute the Committee on Appointments," he said.
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He said the coalition will only participate in the vetting process if the office of the president is substantively occupied.
But Andati said Mbadi's threats would only have a great impact if the NASA coalition had numbers in the two houses.
He said such political question can only be solved politically but legally do not meet the merit.
"It is common knowledge that a big section of the country did not participate in the October 26 repeat election but again Mbadi should be reminded that there is no provision in the constitution that demands one must be voted by which areas for him to be president," he said.
Andati said after Uhuru was inaugurated for the second term, he has all instruments of power to execute his mandate as the President and thus the issue of legitimacy to sabotage house business cannot last long.