Kibaki and Raila can change polls date, says Nyachae

The Commission for Implementation of the Constitution chairman Charles Nyachae during a news conference at the Commission offices in Nairobi, March 20, 2012. The commission has supported the announcement by the Independent Electoral and Boundaries Commission that elections will be held in March 2013. He is flanked by Commissioner Philemon Mwaisaka. STEPHEN MUDIARI

 

The team leading the implementation of the Constitution on Tuesday backed the March 4, 2013, General Election date.

The Commission for the Implementation of the Constitution (CIC) also welcomed the decision by the Independent Electoral and Boundaries Commission (IEBC) to fix the elections date, saying it was constitutional.

“The IEBC acted entirely within the parameters of the Constitution, as stated by the Constitutional Court,” CIC chairman Charles Nyachae told a press conference in Nairobi.

He said the date could only change if President Kibaki and Prime Minister Raila Odinga dissolved the coalition, Parliament amended the Constitution or the Court of Appeal reversed the ruling.

“In the absence of any of the above events taking place, it behoves all Kenyans, including all other Constitutional organs and office, to respect IEBC and its mandate,” said Mr Nyachae.

He said the Constitution expressly allows the two principals to remain in office until the next elections are held and a new President sworn in.

“There is nothing like illegal extension of the President’s term. The President and PM will continue in office until we have the elections,” he said.

At the same time, the Constitution Implementation Oversight Committee plans to meet over the dispute.

“The last thing we need is to go to election divided. We shall certainly hold different views even politically, but we must ensure we sustain an environment that is conducive for a credible and peaceful election,” committee chairman Abdikadir Mohammed said at County Hall, Nairobi.

This came as Prime Minister Raila Odinga stood his ground that the IEBC had made the wrong call. In a statement, the PM said the date raised serious planning and budgeting challenges for the government.

“It is important to recognise that our government budget is also enshrined in the East African Community Treaty.

A March election date does not take into account the necessity for a new Treasury cabinet secretary to be in position early enough to prepare and submit the financial estimates to Parliament by April 30.

“We risk running into a constitutional crisis in trying to impose on a new government and Parliament the duty of approving and executing a budget they did not take part in preparing,” the statement sent by Mr Odinga’s press secretary Dennis Onyango said.

Lands Minister James Orengo said the move will illegally extended the term of both Parliament and the Executive beyond the mandatory five years.

“The coalition government will then be in power beyond the timelines that Kenyans had elected them to be in office.

“And in the event of a run-off or a dispute as a result of the poll, the country will have been put in a situation where the President will be in office beyond June next year. This is not what Kenyans want,” Mr Orengo said in Nairobi moments after opening a forum on the new land Bills.

Avert crisis

Meanwhile, a lobby called Elections Observation Group wants President Kibaki and Mr Odinga to provide leadership to avert a national crisis.

“We appeal to the two principals to act like statesmen and place the interests of Kenyans first by agreeing on a most suitable date for the first elections which will guarantee the rule of law and respect for the Constitution,” Mr Peter Limo, who read the statement on behalf of the group, said.