President Uhuru Kenyatta when he was sworn in on April 2013. [Photo: dw.com]The nullification of President Uhuru Kenyatta's reelection on Friday by the Supreme Court means that he won't be sworn in on September 12th.The Supreme Court has ordered that a fresh presidential poll be conducted within the next 60 days as prescribed by the Constitution.Meanwhile, Uhuru continues to be President despite Friday's Supreme Court ruling overturning his victory in the August 8 General Election.Under this part of the Constitution, the President assumes temporary incumbency from the date of the first vote in a presidential election until when the newly elected President assumes office.According to Article 142 of the Constitution, the President holds office from the time he is sworn in until another one is sworn in after an election.However, under Article 134 of the Constitution, Uhuru is not allowed to carry out some of the mandates of a sitting president during the election period.First, he cannot nominate or appoint judges or any other public officer, who the law requires him to, during this period.Second, he cannot also nominate, appoint or dismiss Cabinet Secretaries and other State or Public officers.Third, the Constitution also bars him from nominating, appointing or dismissing high commissioners, ambassadors, or diplomatic or consular representative.And finally, the President cannot exercise the power of mercy and does not have the authority to confer honours in the name of the people and the Republic.

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