The Supreme Court on Friday annulled President Uhuru Kenyatta's re-election and ordered for a fresh election in 60 days.
During this period President Kenyatta will have limited powers and will not be in a position to conduct all presidential duties.
According to Article 142 of the Constitution, the President holds office for a term beginning on the date which the president was sworn in and ending when the person next elected President is sworn in.
Nonetheless, under article 134, the President assumes temporary incumbency commencing on the date of the first vote in a presidential election until when the newly elected President assumes office.
This means that as from August 8, Mr Kenyatta assumed the position of temporary incumbency and therefore does not enjoy the full mandates of a Head of State.
First, the President does not enjoy the authority to nominate or appoint judges or any other public officer as stipulated in the Constitution.
During this period as an incumbent president, Mr Kenyatta cannot also select or dismiss Cabinet Secretaries and other State or Public officers.
The constitution also bars him from nominating, appointing or rejecting a high commissioner, ambassador, diplomatic or consular representatives.
According to the Constitution, he also cannot exercise the power of mercy, and therefore, is stripped off the authority to confer honours in the name of the people and the Republic.
A fresh election is expected to be held any time before November 1, which is the 60th day after the court delivered its judgment.
As per the polls regulations, two days after the nullification of presidential results, IEBC has to issue a notice of the fresh election.
The electoral body is expected to invite the candidates to present the nomination papers and then issue a timetable which should stipulate the guidelines of the campaigns.
According to Electionsions Act, other presidential candidates are free to participate or withdraw from the election but cannot change their running mates.
