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Of Presidential Terms...Kenya's Scenario.
Rank: Chief Joined: 5/9/2007 Posts: 13,095
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Good people, Explain to me... In case a sitting President in Kenya dies or is unable to discharge his duties, his/her deputy takes over for the remaining part of the term, right? Now suppose that happens, and the deputy president governs for the remaining part. Then he decides to run for president in the coming term and wins...Is he entitled to running again for a second term or the first part that he ruled after the president couldn't work is counted as the first term? Further, when we talk of two terms, are they counted as two only when they are continuous or they could be separated Eg Suppose a guy rules for one term, he loses in the next term. On the 3rd cycle, can he contest again? If yes, if he wins at that point, does it count as his second term or he can now contest on a third time for a second term?
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Rank: Chief Joined: 5/9/2007 Posts: 13,095
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And what does it say about the Deputy President. Suppose he is a deputy for two terms...then the next guy picks him again as DP for another two terms and the third guy picks him again as DP....is there a limit?
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Rank: Elder Joined: 6/8/2013 Posts: 2,517
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I like the way you are thinking   now supposing UMK decides to be WSR's Deputy in 2017 ... halafu run again as President in 2022- with WSR as Deputy yaani they interchange what does Katiba say about such a scenario? #Justaskingforafriend "😖😡KQ makes money for everyone except the shareholder 😏😏 " overheard in Wazua
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Rank: Elder Joined: 3/18/2011 Posts: 12,069 Location: Kianjokoma
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Article 142. Term of office of President
(1) The President shall hold office for a term beginning on the date on which the President was sworn in, and ending when the person next elected President in accordance with Article 136 (2) (a) is sworn in.
(2) A person shall not hold office as President for more than two terms.
Note 142(2) says you cant be rais for more than 2 terms. It does not say 'not more than 2 consecutive terms'. This should be clear, au sio?Article 146 (4) If the Deputy President assumes office as President under clause (2) (a), or a person is elected to the office of President under clause (2) (b), the Deputy President, or the person elected, shall be deemed for the purposes of Article 142 (2)--
(a) to have served a full term as President if, at the date on which the person assumed office, more than two and a half years remain before the date of the next regularly scheduled election under Article 136 (2)(a); or
(b) not to have served a term of office as President, in any other case.So if term served by DP>2.5yrs, it will be assumed they have served a term just like a guy who assumes power after elections
If term <2.5 years, the DP can test whether his luck is good like Jonathan of Nigeria did
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Rank: Elder Joined: 3/18/2011 Posts: 12,069 Location: Kianjokoma
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Siringi wrote:I like the way you are thinking now supposing UMK decides to be WSR's Deputy in 2017 ... halafu run again as President in 2022- with WSR as Deputy yaani they interchange what does Katiba say about such a scenario? #Justaskingforafriend Artilce 142 is clear. The word consecutive is not used. 2 terms. Period!
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Rank: Elder Joined: 3/18/2011 Posts: 12,069 Location: Kianjokoma
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washiku wrote:And what does it say about the Deputy President. Suppose he is a deputy for two terms...then the next guy picks him again as DP for another two terms and the third guy picks him again as DP....is there a limit? NO
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Rank: Chief Joined: 5/9/2007 Posts: 13,095
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Lolest! wrote:Article 142. Term of office of President
(1) The President shall hold office for a term beginning on the date on which the President was sworn in, and ending when the person next elected President in accordance with Article 136 (2) (a) is sworn in.
(2) A person shall not hold office as President for more than two terms.
Note 142(2) says you cant be rais for more than 2 terms. It does not say 'not more than 2 consecutive terms'. This should be clear, au sio?
Article 146
(4) If the Deputy President assumes office as President under clause (2) (a), or a person is elected to the office of President under clause (2) (b), the Deputy President, or the person elected, shall be deemed for the purposes of Article 142 (2)--
(a) to have served a full term as President if, at the date on which the person assumed office, more than two and a half years remain before the date of the next regularly scheduled election under Article 136 (2)(a); or
(b) not to have served a term of office as President, in any other case.
So if term served by DP>2.5yrs, it will be assumed they have served a term just like a guy who assumes power after elections
If term <2.5 years, the DP can test whether his luck is good like Jonathan of Nigeria did
So the longest a guy can serve as president in Kenya is about 12 years.
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Rank: Elder Joined: 3/18/2011 Posts: 12,069 Location: Kianjokoma
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washiku wrote:Lolest! wrote:Article 142. Term of office of President
(1) The President shall hold office for a term beginning on the date on which the President was sworn in, and ending when the person next elected President in accordance with Article 136 (2) (a) is sworn in.
(2) A person shall not hold office as President for more than two terms.
Note 142(2) says you cant be rais for more than 2 terms. It does not say 'not more than 2 consecutive terms'. This should be clear, au sio?
Article 146
(4) If the Deputy President assumes office as President under clause (2) (a), or a person is elected to the office of President under clause (2) (b), the Deputy President, or the person elected, shall be deemed for the purposes of Article 142 (2)--
(a) to have served a full term as President if, at the date on which the person assumed office, more than two and a half years remain before the date of the next regularly scheduled election under Article 136 (2)(a); or
(b) not to have served a term of office as President, in any other case.
So if term served by DP>2.5yrs, it will be assumed they have served a term just like a guy who assumes power after elections
If term <2.5 years, the DP can test whether his luck is good like Jonathan of Nigeria did
So the longest a guy can serve as president in Kenya is about 12 years. 2 yrs, 4 months 3 weeks, 6 days, 23 hrs
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Rank: Veteran Joined: 4/1/2009 Posts: 1,885
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Lolest! wrote:washiku wrote:Lolest! wrote:Article 142. Term of office of President
(1) The President shall hold office for a term beginning on the date on which the President was sworn in, and ending when the person next elected President in accordance with Article 136 (2) (a) is sworn in.
(2) A person shall not hold office as President for more than two terms.
Note 142(2) says you cant be rais for more than 2 terms. It does not say 'not more than 2 consecutive terms'. This should be clear, au sio?
Article 146
(4) If the Deputy President assumes office as President under clause (2) (a), or a person is elected to the office of President under clause (2) (b), the Deputy President, or the person elected, shall be deemed for the purposes of Article 142 (2)--
(a) to have served a full term as President if, at the date on which the person assumed office, more than two and a half years remain before the date of the next regularly scheduled election under Article 136 (2)(a); or
(b) not to have served a term of office as President, in any other case.
So if term served by DP>2.5yrs, it will be assumed they have served a term just like a guy who assumes power after elections
If term <2.5 years, the DP can test whether his luck is good like Jonathan of Nigeria did
So the longest a guy can serve as president in Kenya is about 12 years. 2 yrs, 4 months 3 weeks, 6 days, 23 hrs so what if uhuru runs for two terms and wants to be someone's dp in the 'third' term? would he be ineligible coz the president may die before two and a half years before the next general elections? what if he gets to be a deputy president (after our courts say he's running for deputy president not president so can run regardless) and the president dies/vacates office in the first year of the said terms?
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Rank: Elder Joined: 3/18/2011 Posts: 12,069 Location: Kianjokoma
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Quote:so what if uhuru runs for two terms and wants to be someone's dp in the 'third' term? would he be ineligible coz the president may die before two and a half years before the next general elections? what if he gets to be a deputy president (after our courts say he's running for deputy president not president so can run regardless) and the president dies/vacates office in the first year of the said terms? Such a case would land in court most definitely It creates a quagmire. He would be at the face of it eligible for DP, but knowing a DP is a Presidentin waiting-just-in-case-the-incumbent-leaves/dies, the courts could declare he can't be DP Another interesting one is whether a past 2 term President can be Speaker of National Assembly. The SNA is third in line but can only be a 90 day Acting President like Zambia's Guy Scott Scott was barred from contesting as he can't be President because his parents were not born in Zambia. This rule was brought in by Chiluba to stop Kenneth Kaunda from contesting again as Kaunda's father was born in Malawi So they allowed Scott to be Acting President, but not President Could the same happen?
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Of Presidential Terms...Kenya's Scenario.
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