Both the Independent Electoral and Boundaries Commission (IEBC) Chairman Issack Hassan and his deputy Lilian Mahiri-Zaja have on separate occasions said the electoral body would work overtime to ensure the provisional results are out within this time.
“Though the law gives a provision of seven days, we are working to improve our systems so that within 48 hours we will have a feel of who our leaders would be,” said Mahiri-Zaja at an earlier function.
She said this was necessitated by the high stakes in this year’s elections and the anticipated anxiety among voters. Mahiri-Zaja recalled that during the 2007 General Election, violence erupted even before the lapse of three days after voting and emphasised the need to shorten the time the results are released.
The final results would, however, be released later after verification by the returning officers from different regions across the country. It is after the final results are declared that several things would take shape.
First, the IEBC would ascertain whether the President-elect has garnered at least 25 per cent of votes cast in at least 25 counties and attained 50 per cent plus one vote of all ballots cast.
“A candidate shall be declared President if the candidate receives more than half of all the votes cast in the election and at least 25 per cent of the votes cast in each of more than half of the counties,” states Article 138 (4) of the Constitution.
Opinion polls have depicted Prime Minister Raila Odinga and his Deputy Uhuru Kenyatta as being the front-runners in the race to succeed President Mwai Kibaki. The polls have predicted that none of the two would be able to attain the 50 per cent plus one vote required in the first round.
CAMPAIGN MODE
Should none of them meet the constitutional requirement in the first round, then the country would be plunged into campaign mode again as the first and second-placed candidates would be required to square it out in a second round of voting. According to the Constitution, this should take place within 30 days after the previous election and IEBC has set this date for April 10.
The candidate who receives the most votes in this round would be declared the winner. After the declaration of results, the President-elect shall be sworn-in on the 14th day after the declaration of the results and such ceremony must take place in public.
A committee tasked with overseeing the transfer of power, headed by Head of Public Service Francis Kimemia, has already settled on Moi International Sports Centre, Kasarani, as the venue of the swearing in. But the ceremony would only take place if there is no petition in the Supreme Court challenging the election of the President-elect.
Should someone opt to challenge the election of the President, then such petition must be filed within seven days after the declaration of election results and the Supreme Court shall hear and determine the matter within 14 days.
In the event the Supreme Court, which is headed by the Chief Justice, declares the election invalid, then fresh polls shall be conducted within 60 days after it has made the declaration.
“If the Supreme Court determines the election of the President-elect to be invalid, a fresh election shall be held within 60 days after determination,” states Article 140 (3) of the Constitution. Following the elections, a new Parliament would also be convened within 30 days after the election.
This would mean the latest the Bicameral Parliament would be in place is early next month. In case of a run-off, President Kibaki would have the power to convene the two Houses (Senate and the National Assembly).
“Whenever a new House is elected, the President, by notice in the Gazette, shall appoint the place and date for the first sitting of the new House,” Article 126 (2) of the Constitution outlines.
source:standard Digital
