Raila: I did not fault Judiciary over poll date

Prime Minister Raila Odinga has denied that he criticised the Judiciary for failing to give a definite date for the next General Election.

Mr Odinga said he only had an issue with the Constitutional Court ruling by the three-bench judge of Justice Isaac Lenaola, Mumbi Ngugi and David Majanja.

Addressing the press in his office in Nairobi Wednesday after hosting US-based Massachusetts Institute of Technology students touring the country, Mr Odinga said it has been a tradition to hold elections in December a thing the judges did not put into consideration.

"Parliament has always been dissolved in October so that elections can be held in December and that is the position which the judges should have noted,” the PM said.

He said since the first multi-party elections of 1992 elections have been held in December paving way for the swearing in of MPs in January the following year.

“The elections of 1992, 1997, 2002 and 2007 have been held in December which should have given the three judges direction,” Mr Odinga said.

He faulted the proposal to have him and President Kibaki decide on the election date saying the prerogative should have been vested on Parliament.

Speaking in Kisii on Saturday, Mr Odinga said the IEBC was interpreting a decision by “korti ya bandia” (fake or kangaroo court).

His remarks drew condemnation with Chief Justice Willy Mutunga telling the PM to keep off the Judiciary and respect court rulings.

Dr Mutunga said it was wrong for Mr Odinga to refer to the January 13 Constitutional Court ruling on the date of the General Election as “fake” for failing to give precise date for the polls.

The court ruled that the elections could be held within 60 days of the expiry of term of Parliament on January 15 or this year if the two principals dissolve the coalition government.

“Such unprovoked utterances are as unfortunate as they are unacceptable. They reek of Executive impunity and have no place in properly functioning democracy,” Dr Mutunga said.

He urged leaders to be conscious of the “heavy ramifications” their statements could have on the country.

“Mr Odinga is the Prime Minister of the Republic of Kenya. As a creature of the law, he is a critical and fundamental arm of the Executive. He must be aware that he bears a duty to uphold and protect the independence of the Judiciary as required by the Constitution-especially in instances where he is unhappy with its decisions,” he said.

The Commission for the Implementation of the Constitution (CIC) welcomed the decision by 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 said Tuesday.