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