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.
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