Daily Nation (Kenya) - - SUNDAY REVIEW -

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.

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