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Economy

What next after IEBC's announcement? What the law says

Security forces stand guard outside Bomas National Tallying Centre on August 11, 2017 ahead of the IEBC announcement on the general elections results. AFP PHOTO | JOHN MUCHUCHA
Security forces stand guard outside Bomas National Tallying Centre on August 11, 2017 ahead of the IEBC announcement on the general elections results. AFP PHOTO | JOHN MUCHUCHA 

With President Uhuru Kenyatta declared winner of the 2017 presidential elections, the question on everyone's mind is what comes next, especially since his main rival, Raila Odinga, is contesting the official results.

Following the controversial and rushed swearing in of President Mwai Kibaki at State House in 2007, the country’s Constitution was subsequently amended offering a more clear sequence of events following an election.

The law states that a candidate shall be declared elected as President if he receives more than half of the votes cast in an election and at least 25 per cent of the votes cast in each or more than half of the counties.

The Independent Electoral and Boundaries Commission has seven days after Election Day to announce the winner.

Following the declaration of a winner of the presidential race, the chairperson of the IEBC is then required by law to deliver a written notification of the result to the Chief Justice (CJ).

A similar notification is supposed to be delivered to the incumbent president, in this case President Uhuru Kenyatta. Aggrieved parties then have seven days from the day the announcement is made to file a petition at the Supreme Court.

The Supreme Court will then have to hear this case(s) within 14 days, with their determination being final and binding to the parties involved.

In the event that the court invalidates the election of the President-elect, the law prescribes that a fresh poll should be conducted within 60 days after the judgment.

If no petition is filed, the individual announced as the winner of the presidential poll shall then be sworn into office on the first Tuesday following the IEBC’s declaration.

In the case that a petition(s) is submitted, and the court invalidates the election of the President-elect, the winner is supposed to be sworn in on the first Tuesday following seven days after the court renders its decision.

The Constitution also prescribes that the swearing in ceremony should take place in a public place and that the Chief Justice (or his deputy in his absence) is required to oversee the ceremony.

With the IEBC having declared President Kenyatta as the winner, the clock has started ticking. Nasa, the opposition party that had fronted Raila Odinga as its presidential candidate, has however said it does not intend to head to court to contest the results of the election.

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