[Wafula Chebukati in a past event. The country could plunge into a constitutional crisis should he resign. Photo/Nation]
Kenya will plunge into a constitutional crisis should IEBC chairman Wafula Chebukati resign before the presidential repeat elections.
A rather lonely chairman on Wednesday confirmed that he cannot be able to deliver free and fair elections, accusing a section of his staff of being partisan.
And with one commissioner, Roselyn Akombe having bowed out, Chebukati’s exit, however, will be detrimental to the country.
“If he resigns, there will be a constitutional crisis because we cannot have someone replacing him. The recent laws that were passed by parliament cannot be applied retroactively,” he says.
He adds: “The president on the other hand cannot be able to appoint someone even if parliament passes a name before he is a temporary incumbent.”
In such a scenario, Moseti says, a transitional government under the Speaker on the National Assembly will be formed for two months before fresh polls are held.
Currently, it is only the chairman of the commission who is constitutionally mandated to announce presidential results, excluding the recent laws that have not come to effect.