washiku wrote:Angelica _ann wrote:YAP, that is allowed. if we dont have 50+1 results in the presidential race, then automatically no. 1 and 2 go for run-off. being out of the country does not prevent you from contesting.
And could you possibly be sworn in in absentia? Or it can be done via skype?
... Article 141 is clear. The President elect will be sworn in 14 days after the
declaration of the result (that is if no
petition has been filed in the Supreme
Court within 7 days after the results).
His term starts from the date of being
sworn in. If you do the math as per
the Constitution that would mean the
first Tuesday following the 14th day
after declaration. If the elections are
done by round one and declared on
the 6th that would be the 26th of
March. Consequently one could argue
that if the President is not sworn in
pursuant to Art 141 there will be a
vacancy in that office which can be
filled by the Deputy President under
Art 146 (2) (a). To remove the
President however would be a
prerogative of the National Assembly
under Article 144 where a quarter of
the members of Parliament would
remove him under that provison.
However there is another school of
thought and for this please refer to
the Hugo Chavez decision which can
be a guide. In that case Chavez was to
be sworn in on the 10th of Jan.
However the pro Chavez congress
approved a delay in swearing in
saying he could take the oath later.
The Supreme Court agreed.This could
happen in Kenya if the National
Assembly follows its mandate under
Art 95.
possunt quia posse videntur