We need to use reason before we come up with certain petitions. If you are the Deputy President seeking to be the President and then you resign, what happens to the sovereign power of the people who gave you a five-year term contract?
The sovereign power of our country lies with the citizens. They delegate their sovereign power to elected leaders by giving them a contract of five years to serve them.
Besides that, if you resign as Deputy President, who now takes over that office? Will that person have the sovereign power, and who will have delegated it to him/her?
If you are a governor and you resign because you want to be a senator and the deputy governor wants to be the governor and also quits, what then happens? What will be the process of filling the two positions when both of you resign?
Unlike a governor, the position of a public officer like a Cabinet Secretary or Principal Secretary is much easier to fill. The CS or the PS is an appointee of the President, who can be fired any time. They can be fired by one individual, who can hire other people to replace them. Those who will replace them will still have all the powers that the former office-bearers had.
But in the case where the appointing authority is Kenyans, there will be problems. If an elected officer resigns, who will fill that position and under whose appointment? We should be reasonable and stop looking for something to make us popular.
The petition, if you ask me, is wrong and I am certain the courts will throw it out. It does not hold any water because the Constitution is superior.
The Constitution is very clear that the sovereignty of the nation lies with the people, who can delegate it to elected leaders. The people can exercise their power directly or assign it to elected leaders.
If I resign as MP, who will take over from me and what will be the process? What the petition is seeking is simply not possible.
The nominated MP David Sankok spoke to the Star
