In the event that the court declares President-elect William Ruto’s victory invalid, President Uhuru Kenyatta may continue to rule until the following year.
This happened after Raila Odinga, the presidential candidate for Azimio la Umoja, on Monday submitted a petition to contest Ruto’s victory.
Uhuru may continue in office for a number of reasons, including:
- Raila and Ruto’s Supreme Court conflict
The Supreme Court’s decision is still uncertain.
Uhuru would continue to serve as president for the next two months if the court declares Ruto’s victory invalid while the Independent Electoral and Boundaries Commission (IEBC) gets ready for a new election to be held within 60 days.
This year, the new polls will be conducted between September 13 and November 13.
- If the court determines that Chebukati is not qualified to hold a new election
Fresh elections may be impacted if the Supreme Court judges find that Wafula Chebukati, the head of the IEBC, is not qualified to conduct them.
In his appeal, Raila said that Chebukati shouldn’t be permitted to hold a new election due to his “misconduct.”
If Raila wins in court, it might take some time before a new chairman is chosen.
Additionally, this will lengthen Uhuru’s time in office.
- If Cherera steps down as chairwoman of the IEBC
Juliana Cherera, Chebukati’s deputy, could be named to carry out his duties if it is determined that he is unfit to oversee the election.
If the chair is declared empty, Cherera is required to assume control under Article 7A (4) of the constitution.
Should this occur, the Kenya Kwanza camp, led by Ruto, will not support it because they previously asserted that the deputy was favoring Azimio.
Then, Ruto and his team can bring a lawsuit to prevent her from holding new elections.
- Fresh poll
If there is a second poll, the petition must be submitted by November 14 and the Supreme Court will rule on the petition on November 28.
The ruling, which will be issued on January 23 and will order a run-off to be held on December 28, may also be challenged once more in the Supreme Court, invalidating the outcome.
If that occurs, a new poll will be conducted on March 24 with results being released four days later. This might result in the inauguration of the president-elect on May 2, 2023.
