By Oscar Obonyo

NAIROBI,KENYA: Unlike those who served before him as President’s principal assistant, since Kenya’s independence 50 years ago, William Samoei Ruto steps into office a more confident and secure politician.

While Ruto’s predecessors were singly appointed by presidents and served at the president’s whims and pleasure, the President cannot fire the current holder of the Number Two slot.

This means their differences (if any); Uhuru Kenyatta will be stuck with Ruto until the end of the life of the Eleventh Parliament.

This is because the Number Two slot is now influential as the holder enjoys security of tenure – thanks to the new Constitution.

The position has even changed title from Vice-President to Deputy President, meaning the holder can act as President with full constitutional powers.

Functions of the now powerful position of Deputy President, as per Article 147, section (1) of the Constitution, include that of being “the principal assistant of the President” and deputising “for the President in the execution of the President’s functions”.

Article 146 of the Constitution, section (2) subsection (a) further stipulates that when a vacancy occurs in the office of President, “the Deputy President shall assume office as President for the remainder of the term of the President”.

Nigeria has a similar power arrangement where President runs for office with a designated running mate, for a full four-year term.

During his second term of office between 2003 and 2007, for instance, two-time former President Olusegun Obasanjo was literally stuck with a Vice- President he disliked.

The friction between Obasanjo and his VP Abubakar Atiku, was aggravated by the latter’s opposition to the former President’s bid to change a constitutional clause to accord him eligibility to run for a third term in office.

Unable to fire Atiku, President and VP spent the rest of the term in office feuding.Closer home in South Sudan, tension between President Salva Kiir and his deputy, Riak Machar have reached fever pitch.

Last Tuesday, Kiir withdrew some powers from the vice-president, ultimately clipping the wings of a likely challenger for the ruling party leadership.

Opposing camps The two men were members of opposing factions of the late John Garang-led Sudan People’s Liberation Movement (SPLM) during much of the 1983-2005 civil war that ended after the two factions reunited.

Incidentally, Dr Machar, whose name in the local Luo language denotes “the very clever one”, has been outsmarted on this one by Kiir.

He is not “clever enough” to fight back because South Sudan’s Constitution does not give him a chance.

Same as Kenya’s old Constitution, which we discarded in 2010, the VP in South Sudan is an appointee of the President, and can be stripped of certain powers as the President so deems or dropped midway altogether.

Back home, there have been observations that Kenyatta and Ruto have such a strong political chemistry.

Since being sworn-in on April 9, Uhuru and Ruto have been captured side by side in public functions, including at State House.

The two also share a history, having met in the former ruling party, Kanu, in 2001, when Kenyatta made his debut in Parliament as a Nominated MP.

Only a year later, Kenyatta vied for president with Ruto spearheading his campaign.

 Both are political students of retired President Moi, and have finally achieved what they

missed in 2002. With regard to teamwork, observers are convinced Kenyatta and Ruto, who have been associates for a longer period under Kanu party, have a better working relationship.

“Their generational focus synergises aptly. Ideally, the high table of Uhuru and Ruto indicate corresponding restlessness which easily resonates with the youth,” observes Mukurweini MP Kabando wa Kabando.

But owing to enormous challenges in the new Government, the two may soon get stuck on a number of decisions.

 Already that is the feeling as appertains to the naming of the new Cabinet that has taken nearly two weeks longer to unveil as per the initial promise.

Pundits partly attribute this to the tedious 50-50 balancing act in sharing out of slots in Government as the Kenyatta-Ruto pre-election pact.

As in any political process, stakes are likely to get higher with vested interests increasing. But Ruto has nothing to fear in pushing harder for his “rightful share”, as the much Kenyatta can do is isolate him.

In the Nigeria case of Obasanjo versus Atiku, the former president began by steadily stripping the VP’s office of all powers, privileges and functions. All travels by Atiku and his staff had to be approved by Obasanjo or his designated authority. Even visitors to the Office of the Vice President had to be screened by the Chief Security Officer to the President.

Questions were raised over whether Obasanjo’s activities were contrary to the country’s 1999 Constitution. But the President’s handlers instead chose to harass and intimidate the VP including firing his senior staff. Besides, the Constitution only maintains that the VP serves a full term but is unclear on a host of things including rules of engagement with the President.

New order

Equally, Kenya’s Constitution does not give the nitty-gritty of such rules of engagement. But it has a provision for impeaching the President – a very effective tool that a Deputy President can use, while under siege, to hit back at his boss.

While the two are elected as a pair, an impeachment can be instituted on either of them separately.

Besides Ruto, Kenya’s tenth VP, Kalonzo Musyoka, is perhaps the only Number Two, who experienced a semblance of security of tenure.And this is because unlike those before him, he had a sense of entitlement as his ODM-Kenya party negotiated the position. This is because President Kibaki needed numbers to cushion his PNU outfit against ODM’s majority, following the controversial 2007 poll.