Kibaki, PM to serve ‘until 2013’

President Mwai Kibaki and Prime Minister Raila Odinga may remain in power until March next year given the High Court ruling on the election date.

Under (Article 262) of the Transitional and Consequential provisions, the President and the Prime Minister will serve until after the first elections held under the (old) Constitution and in accordance with the National Accord.

Justice and Constitutional Affairs minister Mutula Kilonzo on Friday welcomed the ruling and said the President’s term and that of MPs was intertwined.

President Kibaki would serve until elections usher in the next government, he said.

Mr Kilonzo said that Parliament under the old Constitution included the President, Prime Minister and the Vice-President as part of the National Assembly.

Therefore, they will serve until the next Parliament is sworn.

Unexpired term

“In the old Constitution, Parliament included MPs and the President and with this ruling, President Kibaki will serve until the next government comes in,” said Mr Kilonzo.

The chairman of the Parliamentary Committee on the Implementation of the Constitution, Mr Abdikaddir Mohamed, agreed with the argument.

He explained that the law was clear that the National Assembly existing immediately before the promulgation date shall finish its unexpired term.

“It explains a scenario where the President will remain in power until March next year,” said Mr Mohamed.