ASA is adamant that unless specific changes are made within IEBC, changes they have called bare minimum demands, then there will be no elections in Kenya on October 26th 2017. The NASA Principals have gone ahead to clarify that what will happen will not be an election boycott, but simply that Kenya will not hold an election on October 26th. Jubilee has come out to demand explanations from NASA on just how NASA is planning to stop the elections on October 26th.
The Standard Newspaper has revealed details of what the National Super Alliance (NASA) presidential candidate Raila Odinga may mean by insisting that there won’t be elections on 26th October if his ‘irreducible minimum’ demands are not met.
According to impeccable sources privy to The Sunday Standard ,Mr Odinga is not keen on participating to the upcoming repeat poll and his strategy is to force an election in which President Uhuru Kenyatta is either not in power which means a caretaker government would have taken over or a coalition government.
WHAT WILL HAPPEN IF RAILA CLAIMS THERE WILL BE NO CLAIMS COME TRUE ??
Top constitutional lawyers yesterday were divided over what will happen if the presidential rerun is not held by November 1ST 2017.
That’s when the 60 days ordered for a poll by the Supreme Court elapse.
There are three possibilities, either the current President remains in office following the constitutional clause that the temporary incumbent holds office until the next president is sworn in, a caretaker Government is formed for the next five years or force coalition government due to constitutional crisis .
Those holding the view that the current temporary President will remain in office until the next President is sworn in assume that an election can be held post November 1st. The constitution does not foresee a situation where IEBC fails to hold a fresh election under Article 140 of the constitution, thus there is no constitutional basis under which a fresh election can be held post November 1st. It is also unimaginable that a temporary President can remain temporary for five years, as he would be a president unable to fire, hire, and perform a raft of other duties as a temporary incumbent President. That is, the country would be stagnant for five years before Uhuru Kenyatta and another individual can again vie for Presidency in 2022.
My bet therefore is a caretaker Government (nusu mkate) will be formed for the purpose of resolving the causes for the stalemate, and thereafter an election will be held under a new electioneering process – what others would like to term extra constitutional means.