How Much Longer Will President Uhuru Kenyatta Be In Power After August 9 Elections?

As President Uhuru Kenyatta’s retirement and passing of the baton is imminent, many are not only curious about what Kenya’s fourth president could be up to but also how long will he still be in power before the new leader officially begins his term in office.

Under The Constitution of Kenya, Article 142 states that The President shall hold office for a term beginning on the date on which the President was sworn in, and ending when the person next elected President is sworn in – in accordance with Article 136(2)(a) of the Constitution of Kenya.

Thus, accordingly, H.E President Uhuru Kenyatta’s second term in office began on the 28^th of November, 2017 when he was sworn in as the President of the Republic of Kenya and this final term will end when the next President is sworn in after the upcoming August 9^th, 2022 election.

The official date for swearing in of the new president is not yet known. This will depend on the outcome of the August 9 elections.

Article 136 of the Constitution provides for the election of the President and it states that the President shall be elected by registered voters in a National election held on the same day as a general election of Members of Parliament, and Ward Reps – being the 2^nd Tuesday in August, in every 5^th year of office.

Since the elections will be held on the 9^th of August, In the soonest ideal scenario, the results of the upcoming general elections will be declared on the 15^th of August, 2022.

The assumption of office of the President is provided for in Article 141 of the Constitution which states that:

The swearing-in of the President-elect shall be in public and before the Chief Justice of the Republic of Kenya, on the 1^st Tuesday following the 14^th day after the date of the declaration of the result of the Presidential election; this translates to 30^th August 2022 at the earliest

Suffice to say, the President-elect will be sworn in and assume office on or about the 30^th of August, 2022 if no petition challenging the validity of the Presidential election is lodged in the Supreme Court, or on or about the 13^th of September, 2022 if the Supreme Court decides that the election is valid following the hearing and determination of a petition questioning the same.

If a petition is lodged in the Supreme Court questioning the validity of the results of a presidential election, and the election is declared valid, then the temporary incumbency will end after this determination and the swearing in of the President-elect.

Therefore, if a petition is not lodged to challenge the outcome of the elections, President Uhuru Kenyatta will officially hand over power to the President-elect on the 30^th of August and proceed to retirement.

From the foregoing calendar break-down, it is evident that there is a time-gap between the 9^th of August, 2022 (when the first vote is cast in the Presidential election) and the 30^th of August or the 13^th of September. This limbo time-gap, is referred to as a temporary incumbency in Article 134 of the Constitution of Kenya, 2010.

This temporary incumbency also occurs when the President is absent, incapacitated or when the President assigns to the Deputy President any of the functions of the President.

If a petition is lodged in the Supreme Court questioning the validity of the results of a presidential election, and the election is declared valid, then the temporary incumbency will end after this determination and the swearing-in of the President-elect.