Road to Elections: The many ‘Ifs’ that could extend Uhuru’s term to 2023

As Kenyans head to the polls on August 9, presidential candidates have been making promises on how they will transform the country by the end of the year. While they may get into office as early as September, there are scenarios that can lead to the country waiting until next year for the 5th President to be sworn in.

According to Article 142(1) of the Constitution, “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 President in accordance with Article 136 (2) (a) is sworn in.”

Article 136 stipulates when a presidential election is to be held which is on the second Tuesday of August, in every fifth year. Article 140 of the Constitution however gives room for questions as to the validity of a presidential election at the Supreme Court.

A presidential petition can be filed at The Supreme Court within seven days of the declaration of the results by the Independent Electoral and Boundaries Commission. If the final result is declared by IEBC within the 7 days set by the Constitution for next week’s election, then petitions can be filed up until August 23.

In case no petition is filed by August 23, then the new president will be sworn in on August 30, which is 14 days after the last day that IEBC can declare the presidential results and in accordance with Article 141(2)(a) of the 2010 Constitution.

The Supreme Court, as per the Constitution, has 14 days to determine the petitions challenging the validity of the presidential election. This would take the timeline for the swearing of the new president to latest September 13, if the petitions filed by august are dismissed by the Supreme Court as happened in 2013.

If the election is nullified at the Supreme Court as happened in 2017, a fresh election would be held on November 6 – 60 days after judgment as per Article 140(3) – with the declaration of results expected within 7 days. If elections of a fresh election are declared on November 13, the new president would be sworn in by November 27 if no petition has been lodged by November 20.

If the new result is challenged, then the Supreme Court would go through the previous process and the new president would be sworn in by December 11 if a determination is made that the election results are valid.

If the Supreme Court nullifies the new election result, Kenyans would have to go back to the ballot on February 4, 2023, with the results expected at the latest on February 11, 2023. If no petition is filed by February 18, then the new president would by sworn in by February 25.

If a petition is lodged by February 18, 2023, and dismissed by the Supreme Court by March 4, 2023, the new president would be sworn in by March 11, 2023.

There is no limitation in the Constitution on how long this cycle can run.

Do you love solving puzzles?

Join our community and solve the Puzzling fun with our range of crosswords

image of various puzzles image of background wavy graphic

AM Live

AM Live is NTV's morning current affairs show that sets the agenda for the day with insightful panels every weekday.

Business Redefined

Business Redefined is Kenya’s premier thought leadership platform for unpacking matters regarding economic and finance policy as well demystifying complex developments in the region’s capital markets.

Daily Politics

This is Daily Politics. Here we look into the ins and outs of everything Kenyan politics. We pull no punches and have no reason to sugarcoat anything that matters to Kenyans.


A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula

Full Episodes

A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula

Gumzo La Sato

Gumzo La Sato is a live social issues show that aims to create awareness about issues affecting the larger society. The discussions range from Parenting, Marital bliss and struggles, Oppression, violence, and all matters of the Heart.

Health Diary

Health Diary is a weekly show that highlights different types of diseases/conditions and seeks ways to prevent, treat/manage them. The show debunks this through real life stories and also feature specialists in different fields, to offer medical advice on the same.

Letter To My Younger Self

Letter To My Younger Self is a podcast where guests get to write a letter to their younger self, from which Maxine formulates questions to ask them during the hour-long show.

Mazao Talks

Mazao looks at agriculture and agribusiness

Nation Reports

Nation Reports is a weekly podcast offers an opportunity for listeners to interact with various reporters and journey with them as they unravel the biggest most emotive stories.

Paradise Lost

Paradise Lost peeks through the story of Louis Otieno, the times, and everything in between.



Speaking of GEN Z

Speaking of Gen Z brings you entertaining but meaningful conversations about a generation that is trying to navigate through adulthood. Join hosts Michelle, Jackie and Esther as they unravel all things Gen Z.


Sport-On is a 30-minute sports magazine show on NTV and 3 hours on NATION FM. The show seeks to give the sports “fanatics” and “funatics” comprehensive and in-depth coverage of sports both locally and internationally.


Thamani is a business show which is dedicated to emerging issues regarding micro, small and medium size businesses.

The Trend

A two-hour-long live show that airs on Fridays. The show focuses on what is current in the entertainment industry, controversial and popular across all media platforms targeting those aged between 25 and 35 years.

The trend podcast

The trend podcast highlights and captures the best of banter from #TTTT segment that airs every Friday on NTV. It's the TTTT EXTRA

The Wicked Edition

The Wicked Edition with Dr. King’ori seeks to address serious issues through humour and relatable wit. It is a two-part half hour show filmed in front of a live audience


A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula


Twende is a travel show that highlights beautiful, unique, diverse locations, people, and cultures. The show offers fresh perspectives on familiar locations and memorable experiences in new ones.


This Saturday evening lifestyle show lets viewers share their stories and life experiences as openly & honestly for the purpose of shifting the culture of silence.

VIP Access

VIP ACCESS is Anyiko Owoko’s YouTube and podcast show on Music and Culture dedicated to promoting Africa’s most promising talent and creatives. This podcast grants you VIP access into timeless interviews while providing a platform for rising as well as established artists across the continent. Since launching in 2018, Anyiko has interviewed over 70 African music stars.


This weekly news show aims to have all sides of debate but not be constrained by it, listen to main voices in the contest but not allow them to hold the viewers hostage, entertain debate but allow push back with all due respect.

When death do us part

In this podcast, three widowers openly speak about the process of grief, how they found themselves exposed to the emotional turmoil of losing their wives, and how society still does not know how to deal with them.

Your World

Your World is a health, wellness and variety show. It provides a platform for audiences and experts to share their experiences on how to improve or manage health issues, across Kenya and the Africa region.