Timelines for swearing in Kenya’s 5th President

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Kenya State House

After the President-elect is announced by the chairperson of the Independent Electoral and Boundaries Commission (IEBC), the Constitution of Kenya stipulates timelines that must be followed ahead of the swearing in of the new Commander in Chief.

Here now are some key dates ahead of the D-Day.

Article 138 (4) of the Constitution says that a candidate shall be declared elected as President if the candidate receives–

(a) More than half of all the votes cast in the election; and

(b) At least twenty-five per cent of the votes cast in each of more than half of the counties.

To win the election outright, a candidate must gain 50% of the votes, plus one — as well as at least 25% of the votes in half of Kenya’s 47 counties.

President Uhuru Kenyatta met this requirement, by garnering more than 25 % of all votes cast in at least 24 counties, according to the final tally by the IEBC.

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In addition, his Jubilee Party has managed to secure 24 governors.

Under the constitution of Kenya, there are a number of steps to be followed after the Independent Electoral and Boundaries Commission declares him president.

Under article 141, the President –elect is to be sworn in on the first Tuesday following:

  1. a) The 14th day after the date of declaration of the result of the presidential election if there is no petition filed to challenge the results
  2. b) Or the seventh day following the date on which the court renders a decision declaring the election to be valid.

Election petition

The National Super Alliance (NASA) has alleged the IEBC system was hacked and the electoral process tampered with.

This presents two scenarios- NASA could choose to go to court or to accept the results.

According to the judiciary, a petition challenging the election of the President-elect shall be filed in Court within seven days after the date of the declaration of the results of the presidential election.

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Should the opposition party seek legal redress, then the court has 14 days after filing of a petition to determine the petition.

Should the court declare that the election result holds, and then the president shall be sworn in on 29th August.

Reporting by Rosalia Omungo/Margaret Kalekye

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