Two Reasons Why President Kenyatta could stay in office until May next year.
President Uhuru Kenyatta may remain in office for longer time after the end of his official term in the event that these two scenarios occur between now and the official date when the newly elected president is expected to be sworn in.
1. Presidential race run-offs
If the upcoming August 9 General Election is followed by Supreme Court petitions and likely presidential race run-offs, this would warrant the sitting president to remain in power until the newly elected president shall be announced and sworn in.
According to constitutional experts, there is a possible protracted court process and repeat polls, based on multiple poll surveys that show a race too close to call between top contenders Raila Odinga and William Ruto.
Article 142 of the Constitution provides that the President will serve for a term beginning on the date he is sworn in and only leave office when his successor is sworn in. Based on this requirement, the handover scenarios provided in the Constitution, all involving resolution of disputes arising from the presidential election, indicate that Mr Kenyatta could hold power until May 2 next year in the worst-case scenario.
However, this will depend on whether Supreme Court judges will master the courage of King Lion and nullify the outcome of the 2022 Presidential election twice, in the event that the conduct of the poll breaches Constitutional provisions as was the case in 2017.
2. If one of the Presidential Candidate Dies Before The August 9 General Elections
The second cenerio that been revealed by renowned city lawyer Donald Kipkorir. According to lawyer Donald Kipkorir, the in the event that any of the August 9 presidential candidates loses his/her life, the situation will lead to the postponement of the elections.
The former Raila Odinga’s lawyer has urged the government to give the presidential aspirants together with their running mates heavy security ahead of the upcoming general elections slated August 9.
“Frоm Mаy 16, we’ve to provide 24 Hour Security tо 50+ Рresidentiаl Candidates & their DР Nominees. Over 45 оf the Presidential Саndidаtes аre оn the ballot and there great need to рrоteсt eасh fоr if оne dies, the eleсtiоns аre роstроned! ” Kipkoris say in a tweet.
Donald Kipkorir’s revelation come after the Office of the Registrar of Political Parties (ORPP) revealed last week over 47 independent candidates have been cleared to run for the top seat.