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Why Uhuru could remain in office until 2023

President Uhuru Kenyatta could remain in power until next year should the court nullify President-elect William Ruto’s victory.

This came after Azimio la Umoja presidential candidate, Raila Odinga on Monday filed a petition to challenge Ruto’s victory.

Some of the reasons why Uhuru might remain in office are:

Raila, Ruto supreme court battle

It is not yet clear what the outcome of the Supreme court will be.

If the court will nullify Ruto’s victory, then Uhuru will still be the president for the next two months as the Independent Electoral and Boundaries Commission (IEBC) prepares for a fresh election within 60 days.

The fresh polls will be carried out between September 13 and November 13 this year.

Also read: Rigathi Gachagua: Mt Kenya’s support to Ruto will be remembered for 200 years

If the court rules Chebukati is not fit to conduct a fresh election

If the Supreme Court judges ruled out that the chairman of IEBC, Wafula Chebukati is not fit to conduct a fresh poll, then this may affect the fresh polls.

Raila in his petition argued that Chebukati should not be allowed to conduct the fresh election because of his ‘misconduct’.

If the court rules in Raila’s favour, then it may take a while for a new chairman to be elected.

This will also prolong Uhuru’s reign as the president.

If Cherera takes off as IEBC chairlady

If Chebukati is declared not fit to conduct the election, then his deputy, Juliana Cherera might be appointed to do his mandate.

According to Article 7A (4) of the constitution, Cherera is to take over as the chairperson if the position is declared vacant.

Could this happen, the Kenya Kwanza camp led by Ruto will not agree as they had earlier claimed that the deputy is showing ‘favouritism’ to Azimio.

Ruto and his camp may then file a case to bar her from conducting fresh polls.

Also read: IEBC dismisses Raila’s request on Mombasa, Kakamega polls

Repeat polls

In case of a repeat poll, the petition will be filed by November 14, and the Supreme Court will deliver a verdict on November 28, overturning the poll.

It will order a run-off to be held on December 28, which might also be challenged once again in the Supreme court, nullifying the result in a decision that will be delivered on January 23.

Should that happen, a fresh poll will be held on March 24, results announced four days later. This might cause the president-elect to be sworn into office on May 2, 2023.


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