REPUBLIC OF KENYA
LEGAL INSTRUMENT VACATING THE 26 OCTOBER FRESH PRESIDENTIAL ELECTION AND PROVIDING FOR THE ESTABLISHMENT OF A CARETAKER GOVERNMENT OF THE REPUBLIC OF KENYA.
IN THE MATTER OF ARTICLE 1 OF THE CONSTITUTION OF KENYA, 2010
AND IN THE MATTER OF THE FRESH PRESIDENTIAL ELECTION SCHEDULED TO TAKE PLACE ON 26 OCTOBER 2017
AND IN THE MATTER OF THE ESTABLISHMENT OF A CARETAKER GOVERNMENT OF THE REPUBLIC OF KENYA
WHEREAS the people of Kenya held a presidential election on 8 August 2017, and
WHEREAS the results of the said election were declared by the Supreme Court to be invalid, null and void, and
WHEREAS the Supreme Court ordered that a fresh presidential election be held within 60 days of the date of its decision, and
WHEREAS the Independent Election and Boundaries Commission has announced by notice in the Kenya Gazette that a fresh presidential election is to be held on 26 October 2017, and
WHEREAS the political environment currently prevailing in the Republic of Kenya makes it impossible to conduct a free, fair, credible and peaceful fresh presidential election on 26 October 2017 or soon thereafter,
May it, therefore, be known by these presents that:
WE THE PEOPLE OF KENYA, in the direct exercise of our sovereign power according to Article 1 of the Constitution of Kenya and in order to safeguard and maintain the Republic of Kenya as by law established, hereby decree and declare as follows:
1. THAT the fresh presidential election scheduled to be held on 26th October 2017 be and is hereby vacated.
2. THAT the current executive headed by Mr. Uhuru Kenyatta be and is hereby directed to vacate office by midnight, 26 October 2017.
3. THAT a government (hereinafter “the caretaker government”) shall be appointed by mutual consent of all the stakeholders to run the affairs of state for a period of twelve months (hereinafter “the transitional period”) with effect from midnight, 26 October 2017.
4. THAT the caretaker government referred to in Article 3 above shall be headed by a person qualified to hold the office of the President but who shall not have been a member of the Executive, Legislature, Judiciary, any County Government or leader of any political party for a period of ten years immediately preceding the date of his or her appointment.
5. THAT the President of the caretaker government as well as every person who shall serve in his or her cabinet shall sign an oath undertaking NOT to contest any elective office for the ten years immediately following the expiry of the transitional period.
6. THAT during the one year transitional period commencing on 26 October 2017, a moratorium be and is hereby declared on the commencement or continuation of prosecution of any offences that might have been committed by political actors, their agents, representatives or assigns during the one year immediately preceding the transitional period. Provided that any offence committed by any political actor, his or her agents, representatives or assigns during the transitional period makes this clause void in respect of that political actor.
7. THAT the current Independent Elections and Boundaries Commission be and is hereby disbanded.
8. THAT at the end of transitional period, the caretaker government shall facilitate the preparation for, planning, organising and holding of a presidential election by a reconstituted Independent Election Management Body in strict conformity with the Constitution and the law.
9. THAT this Legal Instrument shall be read and considered as part of the Constitution of Kenya and shall have the same legal effect as any other clause in the Constitution during the period starting on the date of this instrument and ending with the presidential election to be held at the end of the transitional period.
10. THAT this Legal Instrument may not be amended during the transitional period except through a referendum as provided for in the Constitution of Kenya.
SIGNED ON THIS 16th DAY of OCTOBER, 2017.
For and on Behalf of the People of Kenya