Uhuru needs to declare a state of emergency to deal with the unfolding crisis

Article 132 of the katiba gives the President powers to declare a state of emergency, and according to Article 58(1), when the state is threatened by war, invasion, general insurrection, disorder, natural disaster or other public emergency.

We have a looming insurrection from opposition stalwarts and if the events of the past few days are anything to go by, the President needs to act now, not later.

With a Jubilee majority, the declaration will sail through in one afternoon ( I suppose).

This will also give the President time and leeway to deal with the rogue Judiciary, evil societies and other external actors who are wont to orchestrate a coup.

No need to panic, the next 8 days will move fast such that we will all be grasping for air. Even worse there is a holiday in between.

What if more IEBC commissioners bolt out? especially the Chairman? We are looking at the possibility no elections and Babuon will be laughing all the way to London to announce his victory.

He is the most watched guy in Kenya right now. The bill to end this possible scenario only needs a signature and a second to become law.

ukweli but he is only an incumbent

No need to say more on above.

@spear I have a feeling after 26th , government will not allow the court to hijack the process again. Even if elections don’t take place in certain areas.

With full Presidential powers.

You are forgetting the wakora network are still in place, It will be declared illegal by the supreme court the easiest way out is to push for the elections.

A state of emergency is enshrined in law. And there are valid reasons at play to declare one.

  1. STATE OF EMERGENCY

(1) A state of emergency may be declared only under Article 132 (4) (d) and only when–

(a) the State is threatened by war, invasion, general insurrection, disorder, natural disaster or other public emergency; and
(b) the declaration is necessary to meet the circumstances for which the emergency is declared.

(2) A declaration of a state of emergency, and any legislation enacted or other action taken in consequence of the declaration, shall be effective only–

(a) prospectively; and
(b) for not longer than fourteen days from the date of the declaration, unless the National Assembly resolves to extend the declaration.

(3) The National Assembly may extend a declaration of a state of emergency–

(a) by resolution adopted—
(i) following a public debate in the National Assembly; and
(ii) by the majorities specified in clause (4); and
(b) for not longer than two months at a time.

(4) The first extension of the declaration of a state of emergency requires a supporting vote of at least two-thirds of all the members of the National Assembly, and any subsequent extension requires a supporting vote of at least three-quarters of all the members of the National Assembly.

[B]U The Supreme Court may decide on the validity of–

(a) a declaration of a state of emergency;
(b) any extension of a declaration of a state of emergency; and
(c) any legislation enacted, or other action taken, in consequence of a declaration of a state of emergency.[/U][/B]

(6) Any legislation enacted in consequence of a declaration of a state of emergency–
(a) may limit a right or fundamental freedom in the Bill of Rights only to the extent that–
(i) the limitation is strictly required by the emergency; and
(ii) the legislation is consistent with the Republic’s obligations under international law applicable to a state of emergency; and
(b) shall not take effect until it is published in the Gazette.

(7) A declaration of a state of emergency, or legislation enacted or other action taken in consequence of any declaration, may not permit or authorise the indemnification of the State, or of any person, in respect of any unlawful act or omission

hope so