Kenya: Death of Any Presidential Candidate or Running Mate Can Postpone Elections By 60 Days

Nairobi — With the Independent Electoral and Boundaries Commission (IEBC) expected to Gazette qualified presidential candidates, a safety concern is lingering as the demise of any of them or their running mates may lead to the postponement of the poll slated for August 9.

So far only 44 presidential aspirants are seeking to be cleared by the polls agency, in the exercise that begins on Sunday to June 7.

The Constitution stipulates that the presidential election will be postponed by 60 days in the event of any death.

Article 138 (8) of the constitution stipulates that, "A presidential election shall be cancelled and a new election held if a candidate for election as president or deputy president dies, on or before the scheduled election date."

The matter of the aspirant's security was also raised in the National Assembly by Kikuyu MP Kimani Ichungwah who demanded that the House Speaker Justin Muturi directs the relevant House Committee to meet with the Inspector General of Police to review security plans in place.

"I have no fear of contradiction in saying that we are looking at a lurking danger. It is imperative that as early as now, either the Assumption to the Office of the President Committee or the relevant Committee of this House engages the IEBC especially on the security measures that are being put in place to ensure that each of the presidential candidates, especially the 46 independent presidential candidates and their running mates, is secured," he said.

Muturi however, poured cold water on the matter and instead advised Ichung'wah that a candidate and the running mate be assigned State Security Detail after they are cleared by the IEBC.

"Let us wait until everybody presents their documents before the Commission. Right now, they are just aspiring. For some, it could be in their dreams. We cannot start dealing with some who are just dreamers," stated Muturi who until April was among those seeking the presidency before he 'postponed' his bid to back that of Deputy President William Ruto under Kenya Kwanza Alliance.

Each candidate will have to be provided with bodyguards and their homes manned with state security personnel, to secure them from any threat.

The law also provides that the poll will be cancelled if a candidate who would have been entitled to be declared elected as president, dies before being declared elected.

The Constitution also states that the election will be cancelled and a new one held, if no person has been nominated by the Commission before the expiry of the period set for the delivery of the nominations.

A presidential election shall also be cancelled and a new election held if a candidate who would have been entitled to be declared elected as President, dies before being declared elected as President.

However, the demise of a presidential candidate or their deputy, in the event it occurs will not affect other elective seats of Governor, Senator, County Woman Representative, Member of the National Assembly and Member of County Assembly.

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