Amb.Esther Waringa addresses the media at a Nairobi Hotel where she said the constitution does not allow the president,members of parliament and other Government representatives to hold their positions.

Calls Grow for Transitional Administration Amid Constitutional Questions Over Presidential Term
By Fred Maingi

A fresh constitutional debate has emerged in Kenya following reported developments surrounding the tenure of the Presidency, with calls for the country to consider a temporary caretaker administration to safeguard constitutional order and facilitate a credible transition.

In a statement issued on Tuesday by Ambassador Esther. Waringa, proponents of the proposal described the country as being at a “constitutional crossroads,” urging political leaders and institutions to exercise maturity, restraint and commitment to the rule of law.

The statement referenced a reported ruling by the Malindi Court concerning the expiry of the current presidential term, saying the development had raised fundamental questions about the continuity of constitutional government and the institutional process that should guide the country going forward.

“The Constitution of Kenya, 2010, is the supreme law of our Republic. Every institution, every leader and every citizen is bound by it,”l the statement said.

It stressed that any uncertainty surrounding the exercise or transition of executive authority should be resolved through constitutional institutions and lawful procedures, while warning against the possibility of an institutional vacuum or political disorder.

The statement proposed that Kenya urgently consider establishing a strictly transitional and time-bound caretaker administration through the appropriate constitutional and legal processes.

According to the proposal, the caretaker administration would have a limited mandate focused on maintaining constitutional order, ensuring continuity of essential government services and facilitating preparations for a properly organised general election.

The proposed arrangement would be
Strictly transitional and time-bound;

Non-partisan and inclusive;

Constitutionally and legally grounded;

Focused on continuity of essential public services;

Committed to national security and stability;

The proponents argue that such an arrangement would not be intended to replace Kenya’s constitutional institutions but rather to provide a framework for managing an exceptional constitutional situation while protecting national stability
The statement further called on Kenyans and political leaders to approach the emerging constitutional questions with restraint, warning against actions that could undermine the country’s institutions or deepen political tensions.

It maintained that Kenya’s sovereignty rests with the people and that any transition in executive authority must ultimately be anchored in the Constitution and established legal procedures.

The proposal is likely to trigger further debate among constitutional lawyers, political leaders and civil society, particularly over the legal basis, composition and mandate of any proposed caretaker administration.

The statement comes at a politically sensitive moment, with the interpretation of presidential tenure and the constitutional mechanisms for a transition likely to remain at the centre of national debate.