On the Crossroad: Which Judge will swear in Raila Odinga?

A crisis is looming and Kenya might slight back into a political turmoil as well as unending uncertainties that characterized 2017 and almost plunged the country into an economic limbo.

There has been a political ‘war’ between the ruling party Jubilee and the opposition National Super Alliance (NASA) ever since the end of the August 8^th, 2017 polls.

The opposition claims that it won the August 8^th, 2017 general election and that Raila Odinga is the one who was validly elected as the President of the Republic of Kenya.

The matter moved to the Supreme Court and through Chief Justice David Maraga, the election was nullified and Kenyans ordered to go back to the polls.

A repeat election was set on 26^th of October 2017 in which Raila Odinga boycotted citing the level of unpreparedness in the Independent Electoral and Boundaries Commission (IEBC).

President Uhuru Kenyatta ‘won’ the 26^th October 2017 elections and he was sworn in together with his Deputy William Samoei Ruto.

The opposition has insisted that it will swear in their leader Raila Odinga on 30^th of January 2018. Already tension is high with people asking what will happen after the swearing in.

More pressing question is, which judge will swear in Raila Odinga on 30^th of January 2018?

Article 141 (1) of the Constitution of Kenya 2010 states that “The swearing in of the President-elect shall be in public before the Chief Justice, or in the absence of the Chief Justice, the Deputy Chief Justice.” There is no provision for any other person to administer the oath.

Article 141 (2) says that the President-elect shall be sworn in on the first Tuesday following: – (a) 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 or (b) the seventh day following the date on which the court renders a decision declaring the election to be valid, if any petition has been filed under Article 140.

So, who will swear in Raila Odinga? What will happen after the swearing in?