Karua hits out at Executive over polls date

Narc-Kenya leader Martha Karua has accused the Executive of seeking to illegally extend its stay in office by misinterpreting a court ruling on the elections date.

Ms Karua said Thursday President Kibaki and Justice minister Mutula Kilonzo's remarks to the effect the next General Election should be held in 2013 were unfortunate.

“The statements by the President and the Minister for Justice insisting elections will be held in 2013 must be seen as an attempt to influence the appeal on the election date that is pending before court," she said during a news conference at the party's headquarters in Nairobi.

"We trust that the courts will ignore such statements and decide the case on its merits."

The Gichugu MP said the electoral cycle is five years and "the mandate of office holders must be renewed within the five year term to enable the new office holders to take office by the end of the term".

She said holding the elections in March would illegally extend the term of President Kibaki and that of MPs.

"Holding the elections outside the five year term would mean the President will be in office illegally. And even us parliamentarians would be paid for a term the electorate did not give us."

Since the election dates for the subsequent General Election is set in the Constitution, Ms Karua said holding elections past December would eat into the term of the next government.

In January, judges Isaac Lenaola, David Majanja and Mumbi Ngugi, sitting as a Constitutional Court, delivered a landmark ruling on the date of the next elections.

They ruled that the General Election can only be held in 2012 if President Kibaki and Prime Minister Raila Odinga agree, in writing, to dissolve the Grand Coalition Government. This would be within 60 days after the Principals agree to terminate the National Accord that holds the coalition parties, PNU and ODM, together.

The other option would see Kenya go to the polls in 2013 after the expiry of the Tenth Parliament. This would be within 60 days after the House first sat on January 15, 2008.

The judges also ruled that the Independent Electoral and Boundaries Commission (IEBC) will be the body to determine the exact date.

The Constitution envisages that elections be held on the second Tuesday every fifth year, which translates to August 14, 2012.

President Kibaki and Mr Kilonzo have both stated their preference for the March 2013 date.

On Thursday, Ms Karua accused the principals of using the election date as a "secret weapon".

"If the two principals respected the wishes of Kenyans, they would have by now announced a December election date to ease anxiety over this matter. They seem to enjoy using the election date as a secret weapon”, she said.

The Narc-Kenya boss said there was need for a precise election date to facilitate the work of the Independent Electoral and Boundaries Commission (IEBC) and to enable aspirants who are still in public service to comply with the election regulations including resigning.

Ms Karua dismissed calls by the Cabinet to table a Bill in Parliament to decide when the elections will be held saying there was no need for such a move when clear avenues of setting the date were already in place.

"We do not need a Bill in Parliament to decide the elections date when there is a straight way to the point."