International commission of Jurists (ICJ) chairman Kenyan chapter Njonjo Mue has called for the President to vacate the presidency on October 26 to allow the stakeholders appoint a caretaker president that will hold office for a period of one year.
The person who will be appointed as the caretaker president will qualifY to be a president but has not been a member of the Executive, Legislature, Judiciary, County government or leader of a political party prior to the appointment.
He said that proceeding with the elections on October 26 would be contrary to article 3 of the constitution that states that any attempt to establish a government that is otherwise in compliance with the government is unlawful.
He also called for the disbandment of the current Independent Electoral and Boundaries Commission (IEBC) and another one to be appointed by the caretaker government and in conformity with the law within the one year period.
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The caretaker government will be in charge of planning and ensuring that Kenya gets a credible electoral management body before the one year period elapses.
The person appointed, he suggests, will not be allowed take part in any elective process ten years after this transitional year.
Njonjo Mue also says that a moratorium be declared that the commencement or continuation of prosecution of any leader,his agents,representatives and assigns for offenses that might have been committed.
The ICJ chair suggested that this legal instrument drafted by him shall be considered as part of the Constitution and amendments must only be done by way of a referendum during the transitional period and that its effect shall end with the presidential election and the end of the transitional period.
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