April 19, 2025

Petition lawyers dismiss Ruto’s claim there will be a constitutional crisis in the event the presidential election is nullified, Uhuru shall remain in office

Petition lawyers have dismissed claim by Ruto’s legal team that there will be a constitutional crisis in the event the presidential election is nullified.

In the ongoing case at the Supreme Court, IEBC and Ruto’s legal team had argued that there will be a constitutional crisis in the event the election results will be nullified.

They argued that if the IEBC chair Wafula Chebukati is indicted by the court, then it will be impossible to hold elections within 60 days.

However, petition lawyers stated that no lacuna would arise in the event the presidential election is nullified.

Willis Otieno, representing Khelef Khalifa argued that President Uhuru Kenyatta would still stay in power, citing the constitutional provision that dictates that the president will remain in office until another president is sworn in. 

“The systems and the functions of government will continue and the lacuna will not affect the people of Kenya. The right thing is to make sure that the people’s voices are actually heard in a true transparent election.” 

“Our constitutional values and provisions should not be sacrificed at the altar of convenience. If the election officials are tired and cannot do another election, we have more Kenyans who are willing to do this work properly. Give them that opportunity,” Otieno said.

He also faulted the argument on party agents, saying it was the IEBC’s job to conduct a credible election and not that of party agents, and also waded into the dysfunctionality of the IEBC, stating that it was historical, dating back to 2017 when commissioner Roselyn Akombe resigned from IEBC.

Also read,

IEBC admits errors in KIEMS kits as it explains why stopped live streaming of results

IEBC disagreements began as early as April, court told

Dissenting IEBC commissioners demonstrate how they were given unverified results to announce

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