Home | Kenya Constitution | Kenya Constitution 140 Election is Done! What Next? 8 Answers

Kenya Constitution 140 Election is Done! What Next? 8 Answers

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Kenya Constitution continues to lift Kenya high up. Kenya Constitution continues to lift Kenya high up.

The election set by Kenya Constitution 140 (3) “If the Supreme Court determines the election of the President elect to be invalid, a fresh election shall be held within sixty days after the determination,” has occurred. As the results of this historic elections are counted the questions that will occur are so many. Here-below answers.

1. What is the minimum Constitution requirement to elect a President?

The minimum requirement is found in Kenya Constitution article 137. (1) “A person qualifies for nomination as a presidential candidate if the person— (d) is nominated by not fewer than two thousand voters from each of a majority of the counties.” And article 138. (1) “If only one candidate for President is nominated, that candidate shall be declared elected.”

Based on these two laws this means 2,000 persons in 24 counties a total of 48,000 are the minimum persons needed to elect a president. 

2. Will a President be constitutionally elected if the minimum requirement is met through voting?

If a Candidate receives more than 2,000 votes in 24 counties through casting of the ballot, then a President will have been elected constitutionally. 

3. Can the Election result be challenged in Court?

The election result can be challenged as provided for in article 140

140. (1) A person may file a petition in the Supreme Court to challenge the election of the President-elect within seven days after the date of the declaration of the results of the presidential election.   

140 (2) Within fourteen days after the filing of a petition under clause (1), the Supreme Court shall hear and determine the petition and its decision shall be final. 

140 (3) If the Supreme Court determines the election of the President elect to be invalid, a fresh election shall be held within sixty days after the determination.

4. Can Supreme Court Invalidate the Elections?

In the Constitutional Election of the first Tuesday of August what is known that day is the registered voters and not how many or how the votes shall be cast. Once the voting is done and a result known then the result is where an election starts. 

On August 2017 there were 19.6 million voters who exercised their right to vote or not to vote.

The result gotten of 8.2 million Uhuru Kenyatta, 6.8 million Raila Odinga, 0.2 Other Candidates and 4.6 million Did Not Vote. This became the constitutional result that was challenged and invalidated. When invalidating the result the failure to have clear evidence has affected Kenyans and Kenya economy.

5. How should the Supreme Court treat a case where a polling station recorded no vote?  

In some polling stations in August we had a candidate receive almost 100% votes in August Election. If a candidate says they have withdrawn, then we expect a result of zero. If, however the polling station was disrupted by activities that made it impossible for the polling station to open the Supreme Court cannot reward lawlessness and crime. Setting a precedence that one can disrupt a constitutional process will weaken the constitution. 

6. Why is this Election so difficult?

This Election is difficult since there is a fight between Kenya Constitution 2010 and the persons seeking for constitution offices. Many do not understand the constitution fully. For example an elected leader who says there shall be “No Elections,” does not understand that if citizens had come out on August and said there shall be “No Elections,” then the 1928 constitutional seats would be vacant. We have a President, Governors, MPs and MCAs for we have constitutional elections. Over 16,000 persons presented themselves for the 1928 seats. If all who lost and their supporters start making everything impossible, then the Constitution fails.  

7. Do Kenyans need to change the Constitution to make Elections less difficult? 

The Constitution is not the problem. As Elections occur in the future they will be better. We have implemented Constitution 140 and we have gone through so many mistakes. We won’t make this mistakes in 2022 when there will be 24 million votes coming to vote August 2022. The competition will be more intense than 2017.  

8. Will Kenya develop? 

The Kenya Constitution creates 48 governments that the 1,928 elected leaders took positions. The development laws are not in the Executive but in the people and the legislative as per Kenya Constitution 1, 94 and 185. Once the people understand how to exercise their sovereign power directly and the legislative leaders understand and comply with the constitution then the country will develop. This is a growth process. The following are the constitutional laws that enact development.  

1. (1) All sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution. (2) The people may exercise their sovereign power either directly or through their democratically elected representatives.

94. (1) The legislative authority of the Republic is derived from the people and, at the national level, is vested in and exercised by Parliament. (2) Parliament manifests the diversity of the nation, represents the will of the people, and exercises their sovereignty. (3) Parliament may consider and pass amendments to this Constitution, and alter county boundaries as provided for in this Constitution. (4) Parliament shall protect this Constitution and promote the democratic governance of the Republic. (5) No person or body, other than Parliament, has the power to make provision having the force of law in Kenya except under authority conferred by this Constitution or by legislation. (6) An Act of Parliament, or legislation of a county, that confers on any State organ, State officer or person the authority to make provision having the force of law in Kenya, as contemplated in clause (5), shall expressly specify the purpose and objectives for which that authority is conferred, the limits of the authority, the nature and scope of the law that may be made, and the principles and standards applicable to the law made under the authority.

185. (1) The legislative authority of a county is vested in, and exercised by, its county assembly. (2) A county assembly may make any laws that are necessary for, or incidental to, the effective performance of the functions and exercise of the powers of the county government under the Fourth Schedule. (3) A county assembly, while respecting the principle of the separation of powers, may exercise oversight over the county executive committee and any other county executive organs. (4) A county assembly may receive and approve plans and policies for—(a) the management and exploitation of the county’s resources; and (b) the development and management of its infrastructure and institutions.

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