Nyachae team stirs debate with August date for 2012 polls

The General Election will be held on August 14 next year, the Commission for Implementation of the Constitution said on Thursday.

Chairman Charles Nyachae said the Constitution had no reference to another date for the polls.

“In our plain reading of Article 101 of the Constitution, the first General Election under the Constitution will be held on the second Tuesday of August of the fifth year, namely 2012,” Mr Nyachae said.

There has been confusion on when the elections should be held, with Justice and Constitutional Affairs Minister Mutula Kilonzo suggesting December 2012.

Some MPs have also insisted that they must serve their full five-year term, from December 2007 when they were elected, to December 2012.

When Rarieda MP Nicholas Gumbo raised the matter in Parliament last year, Speaker Kenneth Marende said he could only look at when the term of Parliament expires, not when the polls would be held.

On Thursday, Mr Gumbo said the terms ends in December. “Whereas it’s true the Constitution says elections should be in August, the transitional clauses on Parliament cannot be ignored,” Mr Gumbo said.

Courts’ interpretation

Mr Kilonzo said people should not be talking about the date of the next elections “when there are a lot of laws to be enacted.”

“Whether it is in December or August, it will be a matter that will be interpreted by the courts,” he said.

Ndaragwa MP Jeremiah Kioni supported Mr Nyachae, saying elections have to be held in August. “I think that is going to be the most likely outcome,” he said.

Mr Nyachae asked those in doubt to seek clarification from the Supreme Court when it is formed.

Accompanied by commissioners Kamotho Waiganjo and Ibrahim Ali, Mr Nyachae said the new Constitution took effect immediately after promulgation, and nothing suggests the second Tuesday of August date does not apply to first General Election under the new law.

“We are just looking at the Constitution itself,” Mr Nyachae said.

He added: “Under the old Constitution the country went to General Election either when the term of the President comes to an end or if he dissolved Parliament earlier, whatever he chose.”

On claims that the National Accord mandates the current Parliament to serve five years, Mr Nyachae said the Constitution was clear that the coalition will run until the General Election under new laws.

Section 9 (1) of the Sixth Schedule: “The first elections for the President, the National Assembly, the Senate, county assemblies and county governors under this Constitution shall be held at the same time, within sixty days after the dissolution of the National Assembly at the end of its term.

Section Two adds, “Despite subsection (1), if the coalition established under the National Accord is dissolved and general elections are held before 2012, elections for the first county assemblies and governors shall be held during 2012.It points out that the National Assembly existing immediately before the effective date ‘shall continue as the National Assembly for the purposes of this Constitution for its unexpired term’.

Mr Nyachae said the implementation of the Constitution was on schedule, particularly on laws required before the next elections.

“Notwithstanding the late start, we could keep to the timeliness provided in the Constitution and in particular the Fifth schedule to the Constitution,” Mr Nyachae said.

The Judicial Service Bill, 2011 and the Vetting of Judges and Magistrates Bill, 2011, are awaiting Presidential assent in next few days, he said.

CIC has further completed reviewing the Independent Electoral and Boundaries Commission Bill and will forward it to the Attorney-General for publication.

The Commission expects to receive the Elections Bill from the AG or the Kenya Law Reform Commission next week. It has also reviewed the Political Parties Bill.

“We are on schedule and indeed expect to be ahead of schedule insofar as the timelines in the Fifth Schedule are concerned,” Mr Nyachae said.

The chairman said CIC is also working on the Supreme Court Bill, the National Police Service Bill and the National Police Service Commission Bill.