Tebes wrote:"In accordance with Article 255 of the Constitution, an
amendment to the Constitution affecting the term of the
President cannot be effected into law without a
referendum."
So unless there is a refurendum, MK's term virtually expires on 30th December 2012. Hence we will have no President on 31st of Jan 2012!!!
Kibaki and Raila Will still continue to be in office until the next election:
This is what the ruling says in part
148148. We must also point out that the term of the President is
preserved by section 12 of the Sixth Schedule. Section 12(1)
provides that, ‘The persons occupying the offices of President
and Prime Minister immediately before the effective date shall
continue to serve as President and Prime Minister respectively,
in accordance with the former Constitution and the National
Accord and Reconciliation Act, 2008 until the first general
elections held under this Constitution, unless they vacate office
in terms of the former Constitution and the Accord.’ This means
that any problem that may have been caused by the
incongruence of the term of Parliament and the President is
cured by the fact that the President and Prime Minister in office
remain until the first elections irrespective of the date of the
election.