Cabinet stuck with December poll date

The Cabinet is still stuck with the December election date although the High Court has ruled that the term of the current Parliament ends on January 14, next year. (DOWNLOAD: Election Date Ruling)

This effectively means that the term of the Tenth Parliament would be cut short by four weeks.

Justice minister Mutula Kilonzo on Tuesday said he would only withdraw the Constitution of Kenya Amendment Bill 2011 which seeks to fix a December 17 election date if there is an appeal against the court decision.

The minister insists that although the High Court had put out an opinion, the date of the coming General Election must be anchored in the law, through a constitutional amendment.

The minister argued that even if the President and Prime Minister agreed to dissolve the coalition, there would still be uncertainty on the lifespan of subsequent parliaments. (READ: Early polls up to you, judges tell Kibaki and Raila)

“While I respect the court decision and which I am going to obey, the solution to this lingering question will be to amend the Constitution and offer Kenya and other parliaments certainty,” he said.

“Since the two had already agreed (on a December election) I hope the country will rally behind them to avoid uncertainty.”

He said subsequent parliaments might cite the Friday ruling to push for full five-year terms starting from the date of election, and therefore, defeat the August date in the Constitution.

Article 102 says the term of each House of Parliament expires on the date of the next elections. The court on Friday held that President Kibaki’s term expires on December 29.

But Article 262(12) says President Kibaki and Prime Minister Raila Odinga will continue in office until the first General Election held under the new Constitution unless they agree to dissolve the coalition or vacate office.

But Mr Kilonzo proposes that the elections be staggered if Parliament insists on a 2013 poll.

He has suggested that the presidential election be held in December while those of MPs, senators and county assemblies follow in March next year.

The minister has tabled the amendment Bill in Parliament and debate is expected in March after public discussions and input.