Attorney-General Githu Muigai has downplayed talks of a looming constitutional crisis in Kenya should the October 26th repeat presidential election derail.
Speaking in a press briefing on Thursday, the government chief legal advisor termed the claims by National Super Alliance (Nasa) lawyers' that a caretaker or transitional government would be formed should IEBC fail to hold the poll were misguided.
Githu said that, in such an occurrence, President Kenyatta would enjoy full constitutional powers bestowed on his office until the next head of state is sworn in.
The powers, Githu said, would include that of the Commander in Chief of the armed forces.
On Wednesday, Nasa lawyers, led by James Orengo, have described the status enjoyed by President Kenyatta as “temporary incumbency” as enshrined in Article 134 of the Constitution.
However, Prof Muigai stated the President's legitimacy could not be questioned.
“There is no room for the creation of any other form of government. Until the day of the swearing-in of a newly elected president, the legitimacy of the government cannot be questioned,” he said.
"Until a fresh government is sworn-in, the government now in office legitimately remains in office by full force of the constitution."
"If in any case the elections are not held within 60 days, that does not de-legitimise the government of the day," he said.
"The President continues with his term, with full powers and privileges during the electoral process."
"(Any delay in poll) does not delegitimise the constitutional order of the day... There is absolutely no chance of a crisis around the date because the election did take place and... we are again inside the election cycle."