Kenya Today

Kenya News, analysis & in-depth reports


  • Home
  • News
  • Politics
    • Raila Odinga
    • Uhuru Kenyatta
  • Facing Justice
  • Global
  • Opinion
  • Live TV
And This Is What Is Meant By A Constitutional Crisis, Uhuru To Vacate Office

And This Is What Is Meant By A Constitutional Crisis, Uhuru To Vacate Office

September 21, 2017 Leave a Comment

By Antony Oyugi

In the event that we don’t hold a FRESH poll by the 1st Nov as ordered by the court, we will land in another territory

The office of President will be vacant since Uhurus term will be technically over. I say technically because the Constitution has two definitions on when a presidential term ends.

One talks about it terminating upon the handing over to the President elect while another is hinged on elections

Looking at the two scenarios and the political landscape leaves prime ground for a ‘legal confusion’. It’s this confusion that brings about a constitutional crisis

Let’s move forward….

The office of President becomes vacant. Who takes over?

General FEELING is that it’s the Speaker of the National Assembly. A strict reading of the Constitution gives a different situation though

A vacancy in the office of President occurs as provided for IN THE CONSTITUTION. The Constitution doesn’t envisage the failure to hold an election as prescribed by law or the courts as ground for declaring vacancy in the office of President. This means that the failure to hold fresh elections as ordered by the court doesn’t make the office vacant.

What am saying is that Uhuru would still remain caretaker President even if we wouldn’t be sure of when and how we would hold fresh polls…..this is based on the argument that the President vacates office upon handing over.

Yes, it’s legal confusion here. It’s what we call a Constitutional Crisis

The courts and lawyers know that this scenario can’t and will not be resolved through the court chambers and corridors. It will be solved extra judicially or as others say Politically

That’s where we are headed if we don’t sit down reason together and reform the IEBC

Filed Under: Opinion Tagged With: Uhuru Kenyatta

Leave a Reply Cancel reply

Your email address will not be published.

Latest posts

I have aborted 5 times at 25, participated in devil worshipping and divorced 5 times

Treat Journalists with decorum, stop swindling their allowances- Raila media team warned

DP Ruto’s top ten weaknesses, he will never match Raila, Baba is strong

Gov. Joho to meet DP Ruto over the weekend, to Dump Raila’s ODM

Photos: “Friends of Uganda” demonstration turns chaotic, hundreds arrested

Why Kenya needs rotational Vice presidency

Disclaimer

Privacy and cookies

Copyright @ 2020 | Kenya Today