In case of death of any presidential aspirant, the election will be postponed with 60days.
The Independent Electoral and Boundaries Commission (IEBC) expects qualified presidential candidates to be presented in the Official Gazette, with security concerns continuing as the disappearance of one or more of their candidates could lead to the postponement of the scheduled elections on August 9.
So far, only 44 presidential candidates are seeking approval by the voting agency, in an exercise that begins on Sunday, June 7.
The constitution stipulates that presidential elections will be postponed for 60 days if a person dies.
Article 138 (8) of the Constitution states, “Presidential elections are canceled and new elections are held if a candidate for the presidency or vice president dies, on the most recent date set for that election.
The issue of the link’s security was also raised in the National Assembly by Kikuyu MP Kimani Ichungwah, who urged Speaker of Parliament Justin Muturi to direct the relevant parliamentary committee to meet with the Inspector General of Police to review existing security plans.
“I am not afraid of being challenged to say that we are facing a danger ahead. It is imperative that, to date, either the Presidency, or the relevant committee of this House, complies with the IEBC specifically for the security measures put in place to ensure that each of the presidential candidates, especially the 46 independent presidential candidates and their fellow candidates you are safe, ”he said.
However, Muturi poured cold water on the issue and instead advised Ichung’wah as a candidate and co-candidate to be provided with government security information after approval by the ‘IEBC.
“Let’s wait for everyone to submit their documents to the Commission. Right now they are just sucking. For others, it may be in their dreams. We cannot start dealing with some of the people who are just dreamers, ”said Muturi, who until April was among the presidential candidates before” postponing “his bid to support Vice President William Ruto under the Kenya First Union.
Each candidate will have to be provided with guards and their homes occupied by state security officers, to protect them against any threat.
The law also states that the ballot will be canceled if a candidate who has the right to be declared president dies before the election is announced.
The Constitution also stipulates that elections shall be annulled and a new one held, provided that no one is appointed by the Commission before the expiry of the deadline for the submission of candidates.
Presidential elections have also been canceled and new elections are being called if a candidate who would have the right to be declared president-elect dies before being declared president-elect.
However, the death of a presidential candidate or his deputy, if any, will not affect the other seats of the elected governor, senator, county representative, Member of the National Assembly and Member of the County Assembly.