Sir, if the IEBC fails to conduct an election within 60 days as ordered by the Supreme Court, would that give rise to a constitutional crisis? What would happen in such a hypothetical scenario?
All systems must be put in place to ensure that an election is held within 60 days. It is not an order of the Supreme Court. It is the dictate of Article 140(3) of the Constitution of Kenya. There is definitely a fault line in the Constitution in circumstances in which an election cannot be held within the stipulated period. I however firmly believe that, with utmost fidelity to constitutional principles, innovative mechanisms can still be contrived to deal with any crisis while remaining faithful to the rule of law and constitutionalism.