Tuesday, March 22, 2011

Candidates eyeing top seat face tougher rules

By OLIVER MATHENGE omathenge@ke.nationmedia.com
Posted Monday, March 21 2011 at 22:00
In Summary
  • The next president will not be sworn in at once after the election

The Constitution has made it difficult to run for President, but does not limit the number of candidates for the top seat.
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To vie for the presidency, one must get at least 2,000 signatures from 24 counties.
Most of the other requirements remain the same such as being a Kenyan citizen by birth, qualified to stand for election as an MP and being nominated by a political party. However, for the first time, independent candidates will be allowed to vie.
Despite the Constitution giving all Kenyans the right to hold dual citizenship, persons who owe allegiance to other countries are not allowed to run for the presidency.
Persons holding public offices will also be required to quit their positions before they can seek nomination.
Other than the above qualifications, one needs to attract 50 per cent plus one of all the valid votes cast in the elections. In addition, to be declared President one will need to attain 25 per cent of the votes cast in more than 24 counties.
If the elections were held today and all the 14 million registered voters cast, one would need 7 million plus one vote to be declared President. Previously, it took only a simple majority of the votes cast to be President.
In addition, the next President will not be sworn in immediately after the election, but on the first Tuesday following the fourteenth day after he or she was declared president and no petition filed.
But the tougher requirements will not reduce the number of presidential candidates in the next elections, thanks to a deal struck by MPs before passing the new Constitution.
Members of the now defunct Parliamentary Select Committee on the Constitution quietly agreed to remove a clause that prohibited a presidential candidate from vying for a parliamentary seat.
Article 159 (2) (b) of the Harmonised Constitution stated: “A person is not qualified for nomination as a presidential candidate if that person is a Member of Parliament.”
Only the sitting President and deputy President had been excluded from the provision.

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