Attorney General Githu Muigai has stated that President Uhuru Kenyatta will constitutionally remain in power if the Opposition led by Raila Odinga boycott the October repeat Presidential election.
Addressing the media at Sheria House, the AG explained that an incumbent president continues to enjoy full Executive authority until a new Head of State is sworn in.
He noted that from the day an election is declared to the day a swearing-in is done, the legitimacy of a presidency cannot be questioned.
"Until a fresh government is sworn in, the government now in office legitimately remains in office by the full force of the constitution of Kenya.
"If in any case the elections are not held with 60 days, that does not delegitimise the government of the day," he stated.
Regarding claims by the Opposition that they will not participate in the election if their demands are not met, the AG noted that elections were an opportunity accorded to individuals to offer themselves to the electorate and it is not a must for the people seeking office to show up on the election day.
"It is not compulsory that any party that put up their interest in an election should take part in that particular exercise," the Attorney General noted.
He dismissed calls by Opposition Leaders that a caretaker Government should be formed to take charge of the Country if the election does not take place within the 60-day period.
"There's nothing in the law that states that there shall be anything called caretaker or transitional government," he emphasized.
The AG concluded that there is no lacuna in government since the current administration has full powers.
On Wednesday, Senior Counsel James Orengo expressed that the country might face a constitutional crisis 60-day window. Orengo argued that powers the President would normally enjoy were extinguished on August 8th, 2017 adding that after the General Election the President was acting under temporary incumbency.
"The danger that we now find ourselves in is that if elections are not held within 60 days then he (President Uhuru Kenyatta) will not have the constitutional authority or legitimacy to be in that office," Orengo stated.
Orengo submitted that the law required that an acting President is appointed until a fresh election is held.
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