Currently serving in what is constitutionally is referred to as temporary incumbency, President Uhuru Kenyatta is starved off several crucial powers and privileges.
As a result, the Head of State has been left unable to execute certain duties that the presidency offers.
The Constitution describes temporary incumbency as “the period commencing on the date of the first vote in a presidential election, and ending when the newly elected President assumes office (which currently is the scenario) or when the President is absent or incapacitated.”
The nullification of the outcome of the August 8 election by the Supreme Court effectively placed President Kenyatta on temporary incumbency until after the fresh presidential election.
Consequently, by law President Kenyatta is not allowed to appoint judges, nominate or appoint any public officers, dismiss Cabinet Secretaries or other State Public Officers or any High Commissioner, Ambassador or Diplomatic or Consular representative.
And that’s not all. The President may not also exercise the powers of mercy, which include granting a free or conditional pardon to a person convinced of an offence.
All this is however set to change in the coming five weeks, with repeat presidential elections ordered for by the Supreme Court slated for October 17.