173 [318] We have already established that the Presidential election could not be held in certain constituencies because of the threat of insecurity caused by violent demonstrations. In that regard, the IEBC invoked Section 55B of the Elections Act, postponing the conduct of the repeat election to 28th October, 2017. The IEBC is empowered by the Elections Act to postpone an election in a Constituency, County or Ward, in circumstances specified by the Act. However, there is a non-obstante [a ‘nonethe-less’ qualification] proviso to that provision; the Commission may, if satisfied that the result of the elections will not be affected by voting in the area in respect of which substituted dates have been appointed, direct that a return of the elections be made… [322] It is clear that the Commission made its declaration pursuant to Article 138 of the Constitution, Section 55B of the Elections Act, 2011 and Regulation 87 of the Elections (General) Regulations, 2012. On that basis, even though voters in 25 constituencies had not voted, the declaration of results by the Commission was in perfect accord with the terms of the Constitution. 5.21.4.4 Having reviewed Section 55B of the Elections Act, the apex Court noted that there is a low threshold placed upon the IEBC in exercising its discretion to postpone an election for one reason or the other. As such, mere apprehension of breach of the peace may trigger the exercise of this power. 5.22 Transition and Assumption of Office 5.22.1 Upon declaration of a presidential election result as valid, following a presidential election petition, or in the absence of any challenge to the result, the President-elect shall be sworn in by the Chief Justice (CJ) (or the Deputy Chief Justice, in the absence of the CJ). The timelines for the swearing in are either: i. On the 14th day after the results were declared by the IEBC, in case no presidential election petition is filed; or ii. On the 7th day following the date on which the Court makes a decision declaring the election as valid, if any election petition was filed. (Article 140 of the Constitution) 5.22.2 A president-elect assumes office by taking and ascribing to the oath/affirmation of allegiance, and the oath/affirmation for the execution of the functions of the office, as prescribed in the Third Schedule of the Constitution. 5.22.3 The Assumption of the Office of the President Act, 2012 was enacted to make further provisions on the manner in which the President-elect and Deputy President-elect assume office. The Act establishes the Assumption of Office of the President Committee to organise and facilitate the handing over process by the outgoing President to the President-elect. 5.22.4 The date and place of the swearing in of the President-elect and Deputy President-elect must be gazette, with the day of the swearing in being a public holiday. The swearing in ceremony can only be conducted in the capital city and only between 1000hrs and 1400hrs (s 13 of the Assumption of the Office of the President Act, 2012). BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION