The whole idea of 'Constitutional Crisis' should we not hold elections within 60 days or SCOK Determination, or even should we not have an outright winner triggering a runoff hinges on Article 134 (1)(a);
Exercise of presidential powers during temporary incumbency.during the period commencing on the date of the first vote in a presidential election, and ending when the newly elected President assumes office; orNASWA believes, or would like to believe that if we don't hold elections 60 days from SCOK determination, we move outside the election cycle into something our katiba never got envisaged.
They are toying with several ideas of stopping the election;
1. Baba abandons the race and as per Raila v IEBC (2013) petition we shift from a runoff to a whole new cycle of elections starting with nominations
2. Disruption of the process in at least one constituency since presidential election happens in 290 constituencies and they believe holding it in less than 290 would invalidate the election.
3. Disruption of the election in one too many counties this denying any aspirant the constitutional threshold of at least 25% of votes cast in over half of all the counties.
Forget about the means of stopping elections on 26th October and focus on this 'Constitutional Crisis'.
When does Temporary Incumbency end?
Will the
period commencing on the date of the first vote in a presidential election, and ending when the newly elected President assumes office be interrupted by not holding the elections on 26th?
Topic: Temporary Incumbency (Read 2606 times)