Legal experts have warned that Kenya may be set for another coalition government following the decision by the Supreme Court to annul the presidential elections.
This is after the National Super Alliance (NASA) demanded the resignation of top officials at the Independent Electoral and Boundaries Commission (IEBC) saying they cannot be trusted.
According to experts, if IEBC officials step-down, there might not be enough time for vetting of new staff and this will, in turn, affect the Election that is supposed to be done 60 days after the court ruling.
This may force leaders of Jubilee and NASA to negotiate a power-sharing deal and a coalition government is a possible outcome.
Legal experts argue that the judgment (annulment of President Uhuru Kenyatta's re-election) has put the country at crossroads since any extension of time past the 60 days set by the Constitution will demand an interim or a caretaker government.
Mr Steve Kabita, a senior constitutional law expert, in an interview with the Nation stated that the consequences of the Supreme Court, which faulted IEBC in the election, are dire than what appears at face value.
“After the IEBC was indicted for the irregularities committed in the August 8 elections, the opposition may not agree to have the same people conducting fresh elections as ordered by the court,” the lawyer said.
He argued that it was impossible to appoint a new commission within the stipulated time since all the institutions involved are not properly up and running.
“The new commissioners cannot be appointed in the status quo because Parliament, which is involved in the vetting, is not properly constituted without the president,” he said.
Another lawyer Gordon Ogolla shared similar views, saying the verdict was likely to see the nation operate under a caretaker government.
“With the sentiments that we are hearing from both sides of the political divide, it is likely that some commissioners could succumb to pressure.
“This will create a constitutional crisis because the Constitution does not provide what should happen in case a fresh election is not conducted within the stipulated 60 days after the court ruling,” said Mr Ogola.
Should this happen, the country would be at the mercy of politicians, the lawyer said, adding that the most likely way of sorting matters out would be brokering a power sharing arrangement between the political rivals.
Lawyer David Mong’eri, a former chairman of the Law Society of Kenya Rift Valley, however, argued that since the court did not find IEBC chairman culpable of electoral fraud, the commission may only be required to make few changes in the technical team.
“The court directed the IEBC to conduct a fresh election within sixty days and it cannot be possible to remove all the commissioners from the office,” said Mr Mong’eri.
“The chairman can restructure technical team and have the elections conducted.”
The sentiments came as leaders allied to the Jubilee Party, led by President Kenyatta, stated categorically that power sharing was not an option for them and rubbished the suggestion to settle for a coalition government.
