Kenya's polls in 2013 unless coalition collapses
Posted: Jan 13, 2012
The High Court on Friday ruled that Kenya's first General Election under the new Constitution would be held in March 2013, unless the grand coalition is dissolved.
The three-judge bench in the constitutional court ruled that elections could be held within 60 days after the expiry of current Parliament, which is January 14, 2013.
In making their judgment on Friday, judges Isaac Lenaola, David Majanja and Mumbi Ngugi said if the National Accord of the coalition is disbanded, the Independent Electoral and Boundaries Commission (IEBC) would fix an election date within 60 days.
The Government had proposed delaying the vote by four months to December 2012 because of logistical problems, leading to the petitions to the court.
The constitution, endorsed by a referendum in 2010, had set Kenya’s presidential and parliamentary elections for August 14.
However, the judges said then even though the Constitution envisages that elections be held on the second Tuesday every fifth year, which translates to August 14, 2012 it does not necessarily apply to the current situation.
Justice Isaac Lenaola part of the three judge-bench that ruled on Friday that Kenya's first General Election under the new Constitution will be held in March 2013, unless the grand coalition is dissolved Pic-File/Standard
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"We are cognisant of the fact that the Sixth Schedule was a compromise political package arrived at between the various factions of politicians in order to ensure passage of the Constitution. We believe that we have discharged our constitutional responsibility and call upon all Kenyans to continue with the task of Constitution implementation and nation building," the judges said in their conclusion.
Attorney General Githu Muigai was for December 2012, Kilome MP Harun Mwau proposed March 2013 while lawyer Mugambi Imanyara, Prof Lawrence Gumbe and Martin Gitonga submitted that the elections should be held in August 2012.
The Commission on the Implementation of the Commission (CIC) also supported the August date.
In the suit, Mr Mwau argued that the earliest that elections could be held is March next year, citing Section 9 of the Sixth Schedule of the Constitution, which states that elections should be held within 60 days (two months) after the expiry of the term of the current Parliament.
He said he was sworn-in as MP on January 15, 2008, and his term should end on January 14, next year.
Lawyer Imanyara, however, argued that the elections could only be held on the second Tuesday in August of every fifth year in accordance with Article 101 of the Constitution, which therefore means August 14.
His lawyer Nelson Havi says only a referendum can change that date and that it is possible for MPs to vacate their seats before end of their term and it has happened before.
Attorney General Githu Muigai, on the other hand, has put up a case for December elections. Through the Deputy Solicitor General Muthoni Kimani, the AG told the court that December was the most practical time for elections.
Source: Standard
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