African Press International (API)

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Kenya::President Uhuru Kenyatta can declare a state of emergency if he wishes

Posted by African Press International on October 2, 2017

Nairobi Governor Mike Sonko has told off the Opposition saying President Uhuru Kenyatta can declare a state of emergency if he wishes.

Sonko said this on Monday while responding to Opposition’s intention to boycott the fresh October 26 election if their demands are not considered.

Last week, Uhuru asked if NASA leader Raila Odinga is seeking the job of Kenya’s president or IEBC boss.

The President said his rival has been in the forefront of rejecting every commissioner yet he will still be Kenya’s leader should there be no election on this date.

"There is no other way," he said.

More on this: Is Raila looking for presidency or Chebukati’s job? Uhuru asks in Kakamega

Also read: Uhuru defends Election Law changes, slams Raila for ‘opposing everything’

Sonko told Uhuru "these people" should not threaten him every now and them.

"They are forgetting you can still declare a state of emergency as enshrined in article 51 of the constitution," he told a women’s meeting at State House in Nairobi.

The Governor said the Opposition should stop calling the President names.

Raila called Jubilee leaders "vifaranga vya computer (computer-generated leaders) after raising his concerns about rigging in the August 8 general election.

The Opposition chief said this when he announced the National Super Alliance’s plan to challenge Uhuru’s win in court.

Sonko said: "Rais anatukanwa na sisi tunasikia vibaya sana. Rais hajaziliwa na mnyama…mmesikia jana ule mzee anamuita kifaranga cha kuku…hao wote wako na bahati nilisimama governor ningekuwa MP ningepiga Opposition MPs wote."

This loosely translates to: "The President is insulted and we feel very bad. The President did not come from an animal…you heard the mzee calling him a chick…they are lucky I vied for governor…if I had been an MP I would have beaten all my Opposition rivals."

Sonko asked the women to vote for Uhuru on October 26 and give him victory as a birthday president.

Uhuru will turn 56 on the new voting date and some members of the public have promised victory will be his birthday gift.

Read: We’ll give Uhuru victory over Raila on his 56th birthday, KOT say

According to the constitution:

(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


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