Uhuru’s swearing-in ceremony to be held on 29th August if no petition

Written By: Edited by Claire Wanja
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In case of a petition, the President elect shall be sworn in on the seventh day following the date on which the court renders a decision declaring the election to be valid. (File photo)

President Uhuru Kenyatta will be sworn in to serve his second term on the 29th of August if no petition is filed in the Supreme Court to challenge his election.

This is after the Independent Electoral and Boundaries commission gazetted his election in accordance with the constitution.

IEBC published President Uhuru Kenyatta and his Deputy William Ruto election in the Kenya gazette paving way for preparations for his swearing in.

In the notice number 7718, Commission Chairperson Wafula Chebukati declared Uhuru and Ruto as the duly elected President and Deputy President of the republic of Kenya, having complied with article 138(4) of the constitution during the election for president held on Tuesday 8th august 2017.

According to Article 141(2) of the constitution the president-elect shall be sworn in on the first Tuesday following-(a) the fourteenth day after the date of the declaration of the result of the presidential election, if no petition has been filed, in which case Uhuru could be sworn in on 29th of August.

In case of a petition, the President elect shall be sworn in on the seventh day following the date on which the court renders a decision declaring the election to be valid.

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It now remains to be seen if NASA flag bearer Raila Odinga who has disputed the election will seek reprieve in the Supreme Court having earlier stated that it is not an option.

Meanwhile, Preparations for the swearing-in ceremony of President-elect Uhuru Kenyatta have commenced.

The swearing-in committee, headed by Chief of Staff Joseph Kinyua, has revealed that they are already compiling the list of foreign dignitaries the Government intends to invite if the election and declaration of the President-elect is not successfully challenged at the Supreme Court.

Leaders likely to be invited are African Heads of State, European leaders, the President’s friends, and other world leaders.

A determination on the exact swearing-in ceremony can be made after 14 days following the date of the declaration of results to provide room for any party willing to petition the results to do so.

The law requires the swearing-in of the President-elect be conducted in a public ceremony held in the capital city.

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Elsewhere, COTU Secretary General Francis Atwoli is appealing to President Uhuru Kenyatta to go the extra mile and meet face to face losers of the presidential election with a view to foster national unity.

President Uhuru, upon being declared winner on Friday, reached out to his main challenger Raila Odinga and other candidates, saying it is time for nation building after the campaign season.

Atwoli made the remarks while addressing reporters at Solidarity House building in Nairobi.

Petitions

The Judiciary is expected to hear and determine at least 200 election petitions as politicians who lost in the just-concluded elections seek redress in courts.

The Law Society of Kenya and a host of election observation missions have urged losers, who will not be satisfied with the outcome, to seek legal redress.

Chief Justice David Maraga has said judges and magistrates are ready to hear petitions. He recently said judges and magistrates now have an election dispute resolution handbook, which provides information on legal, procedural and administrative issues on election disputes to enable them handle electoral disputes effectively.

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In 2013, the Judiciary heard and determined 188 election petitions, although some ended up in the Supreme Court and were concluded early this year.

Two thirds principle              

   

The incoming Parliament will still be faced with onerous task of developing a legal framework to implement the two thirds gender principle.

This is after the number of women elected to the Senate and the National Assembly failed to hit the required threshold with the constitution clearly stipulating that not more than two-thirds of the members of elective bodies can be of the same gender.

The just concluded general election has however shown a positive trajectory with the successful election of 22 female Members of the National Assembly, 2 female senators and three female governors.

Joyce Laboso trounced Isaac Ruto in the Bomet gubernatorial race, Ann Waiguru won the Kirinyaga seat while Charity Ngilu was victorious in Kutui.

By Rufus Hunja/Jacob Kioria

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