President Kibaki (centre) unveils a commemorative plaque during the launch of the Southern Bypass road in Langata, Nairobi, Friday. PHOTO: GOVEDI ASUTSA/STANDARD
If the elections are held on March 4, next year, as announced by the Independent Electoral and Boundaries Commission, President Kibaki will stay in office because the Constitution does not contemplate a power vacuum.
Article 142(1) stipulates the president shall hold office for a term beginning on the date on which the president was sworn in, and ending when the person next elected as president is sworn in. But the Othaya MP would be president even longer were the outcome of the presidential vote to be contested in court or spill to a run-off.
A look at the constitutional provisions detail how the president could be in office for up to eight months past his initial tenure. If a presidential election was challenged in the Supreme Court, it would take 28 days to resolve the petition and swear-in the new president. If the election is annulled, a fresh election is held within 60 days.
By ALEX NDEGWA, The Standard
