On Monday, August 15, the presidential returning officer Wafula Chebukati declared UDA candidate William Ruto as the president-elect.
Ruto is poised to be sworn into office on Tuesday, August 30 and enshrined in the constitution, only if his election is not challenged before a court of law.
"The President-elect shall be sworn in on the first Tuesday following the fourteenth day after the date of the declaration of the result of the presidential election, if no petition has been filed under Article 140," reads Article 141 of the Constitution.
However, this depends on candidates - Azimio's Raila Odinga and his Roots party counterpart George Wajackoya - filing a petition challenging the validity of his election - and within the timelines provided.
"A person may file a petition in the Supreme Court to challenge the election of the President-elect within seven days after the date of the declaration of the results of the presidential election," reads Article 140.
The seven-judge bench at the Supreme Court is expected to hear the case and make a final ruling on the petition within 14 days, upon which they may uphold Ruto's win or annul the results, and call for fresh elections.
"If the Supreme Court determines the election of the President-elect to be invalid, a fresh election shall be held within 60 days after the determination," reads Article 140 (c)
Notably, in a notice dated Monday, 15, the Judiciary gave the venue and timelines within which all petitions should be submitted.
"Take further notice that, under Rule 7(3) of the Supreme Court (Presidential Election Petition) Rules, 2017, where the petition is filed on the last available day of filing, it shall be filed before 1400hrs of that day," the announcement read.
However, if the apex court declares that the Deputy President's election as the incoming Head of State was valid then he will be sworn in on the seventh day following the date of the ruling.
The procedure and ceremony for the swearing-in of a President-elect, will be provided for by the Parliament through legislation.
"The President-elect assumes office by taking and subscribing the oath or affirmation of allegiance, and the oath or affirmation for the execution of the functions of office, as prescribed in the Third Schedule," reads Artcle 141 (c).
