30th September 2022 Keeping the finger on the Pulse

Monday, September 26:  Council of Governors chairperson Anne Waiguru urged the government to actualize drought emergency funds and allocate county revenues. The Supreme Court of Kenya disclosed that it has no jurisdiction to declare a presidential winner in the event a presidential petition stands nullified.

Ruto’s legislative agenda: Bid to reform pension plan vs reality

President William Ruto during Thursday’s joint Parliament address on his legislative agenda mentioned that his government was concerned about the welfare of the social security infrastructure. He was referring to both the public National Social Security Fund (NSSF) and private pensions, noting that no Kenyan

Finger on the Pulse: Post-Election Snapshot

Significant political events of the week: On Tuesday, September 13, President-elect William Ruto and his deputy Rigathi Gachagua were sworn in at Kasarani stadium. This was after the Supreme Court verdict that upheld his election as the President following the petition challenging the August 9

Karua mulls over petitioning Supreme Court decision at the East African Court of Justice

The Supreme Court of Kenya on Monday, September 5, 2022, upheld the election of Dr William Ruto as president, dismissing Azimio la Umoja’s petition, after finding no discrepancies in the vote tallies with no credible evidence that the IEBC computer systems and transmission network had

At an inflection point, Raila must make a decision

Former Prime Minister and Azimio presidential candidate Raila Odinga is at a crossroads in his political career. He has to choose between leading the Opposition from outside Parliament or walking away from politics and into some form of retirement. This week, he appeared to swing

Will ICT play an increasingly important role in Kenya’s election? 

The hearing of the presidential election petition this week have had the ICT systems used in the election process under the microscope and have proven that the systems are essential to achieving a credible electoral outcome.  Nevertheless, the risks and unforeseen challenges these technologies carry

At a glance – Issues before the Supreme Court for determination

Outcome 1 – Presidential election upheld If the Supreme Court issues a ruling that declares the presidential election as valid, the President-elect will be sworn in on the first Tuesday, 7 days from when the court issues its ruling –  September 13, 2022. Outcome 2

Finger on the Pulse: Post-Election Snapshot

On August 27, Azimio la Umoja Presidential Candidate Raila Odinga revealed that he had a telephone conversation with United Nations Secretary-General Antonio Guteres where they talked about the recent developments in Kenya. Furthermore, Raila mentioned that the region is making progress to deal with the

At the Supreme Court, it will be about the questions unanswered  

The next few days will be critical, and it is not only political watchers who should have their eyes on the Supreme Court, where the petition challenging the election of William Ruto as President will be heard.  Raila Odinga’s coalition has asked for a cocktail

Finger on the Pulse: Post-Election Snapshot

Significant political event of the week: On Monday, August 22, the Azimio la Umoja Presidential candidate. Raila Odinga filed his petition challenging the presidential results announced by IEBC Chairman Wafula Chebukati.  The case will be heard and determined by September 4, 2022. Two voters moved

It’s time to think of amending the law on presidential petition timelines

The Supreme Court has the original jurisdiction to hear and determine any petition challenging the election of a president.  Article 140 of the Constitution of Kenya provides that any person may file a petition with the Supreme Court within seven days following the declaration of

After the hard work to woo Kenyans, the harder work to deliver begins

William Ruto this week took to his new status with authority and political wiliness. In his first meeting with elected leaders and representatives from his coalition, he made assurances on the freedom of expression and association and sought to bring everybody together. Dr Ruto also

Legal insights after the resurfacing of Maina Kiai’s precedent case following presidential results announcement

The famous Independent Electoral & Boundaries Commission v Maina Kiai & 5 Others [2017] eKLR, ‘Maina Kiai case’ revolutionised the electoral process. The case upheld that the results declared at the polling station are not provisional, but final and therefore cannot be altered by the

Supreme Court’s Ruling on Sonko breathes new life to Chapter Six of the Constitution

The Supreme Court dealt a final blow to Mike Sonko’s stab at the Mombasa gubernatorial race when it dismissed his appeal concerning his impeachment from the office of the Governor of Nairobi City County. In the shortened version of its decision, the Supreme Court noted

BBI speaks from Purgatory

Kenyans were this week reminded of the Building Bridges Initiative in two ways.  The first was the publication of a Bill to amend the Constitution being pushed by Kitui Senator Enoch Wambua. One of the main, and controversial, features of the Bill is the provision

Which way forward Mr. President?

The country has been awash with analyses and sentiments over the advisory delivered by Chief Justice David Maraga on 21st September, 2020 with regards to the proposed dissolution of the Kenyan Parliament. The advisory to the President is anchored on Article 261 of the Constitution which provides for dissolution of Parliament in the event of its failure to pass the legislation required to implement the new Constitution.
Under Article 27(9) “the State shall take legislative and other measures to implement the principle that not more than two-thirds of the members of the elective or appointive bodies shall be of the same gender”. Thus the Constitution imposes this duty on the State as opposed to Parliament.

Next, a fight at the Supreme Court

David Maraga, the Chief Justice, will be going on terminal leave in December and will only be
going back to work for a day early 2021 before he heads for retirement. In his opinion, he
cannot be replaced while on terminal leave because the office will not have fallen vacant.