Kenya Government Statement on Election Preparedness and President-elect Assumption of Office

STATEMENT BY THE HEAD OF PUBLIC SERVICE ON THE STATUS OF KENYA’S PREPAREDNESS FOR THE GENERAL ELECTION IN KENYA AND ASSUMPTION OF OFFICE BY THE PRESIDENT-ELECT.

1)    PREPAREDNESS

The Government wishes to assure all Kenyans and the international community that we have put in place the necessary mechanisms to ensure a free and fair election.  We shall also ensure a smooth and a peaceful transfer of power in line with Articles 138, 140, 141 and 142 of the Constitution of Kenya. These provisions are key in guaranteeing peaceful elections. We therefore urge the media to critically analyze them for the benefit of all concerned.

Additionally, the President has directed all ministries to assist Independent Electoral and Boundaries Commission (IEBC) in all aspects to facilitate a free and fair election.

The Government has set aside security personnel for each Presidential candidate and their deputies. We shall facilitate security arrangements for them until the elections are held. We therefore urge the aspirants to cooperate with the government in this matter. Further, the provisions of Article 138 Sub-section 8 (b) dictate that the security of the aspirants is a key factor to the holding of a peaceful and successful election.

The Judiciary which is a member of the Assumption to the Office of the President Committee is ready for any scenario that may arise at any time in the electioneering period as specified in Article 138 of the Constitution.

2)    ASSUMPTION OF OFFICE BY THE PRESIDENT-ELECT.

We have outlined various scenarios that may arise in respect to the assumption of office by the President-elect. In our view there are several key scenarios:

Summary of the scenarios

•  Results are declared within 7 days after the presidential election
•  Petitions are filed with 7 days after declaration of results
• If a petition is filed, the Supreme Court hears and gives a determination within 14 days A run-off is held within 30 days and is between number 1 and 2.
• If an election is cancelled a fresh election is held within 60 days In this scenario, swearing in will be held on 18^th June, 2013.
• The President-elect is sworn in the first Tuesday following the 14^th day if no petition has been filed or the 7^th day following the date which the court renders a decision

Possible swearing in days.

• Tuesday, 26^th February 2013. (Only one Candidate nominated; Now overtaken by events)

• Tuesday, 26^th March 2013. (First Round Win and no petition)
• Tuesday, 16^th April 2013. (Petition is filed and Dismissed)
• Tuesday 30^th April 2013. (Run-off)
• Tuesday, 18^th, June 2013. (Petition filed and is successful)

3)    CONCLUSION

We wish to reiterate the commitment of the Kenya Government to the freedom of the media as enshrined in the constitution.  Journalists, both local and international are free to responsibly report on this process. However, we still continue to have challenges with some vernacular radio stations. The Communications Commission of Kenya (CCK) will take severe action on any station found to be in breach of the law or undermining peace. The Ministry of Information has already lodged a complaint with the Media Council of Kenya in this respect.

The Government will respect all independent institutions that are charged with specific responsibilities with regard to management of elections. We also urge leaders to show respect for our national institutions and not to undermine them through their utterances especially in campaign rallies.

We wish to plead with some Kenyans living in the Diaspora to stop working against the interests of the country.

Finally it is important to point out that the Constitution, in Article 142, provides that the incumbent President will continue to be in office until the next President is sworn in.