Minister seeks to have elections held in December and March

Kenyans may be called to go to the ballot twice in the coming General Election.

The next election could be split into two: an early presidential poll in December and those of MPs, senators and county representatives in March next year.

This means, the next Parliament may be elected under a new President.

Following the Friday court ruling which secures the full terms of the MPs and the President and pushed elections to next year, Sunday Nation has learnt that the Cabinet is considering a parliamentary initiative to fix the presidential poll in December.

The court held that President Kibaki’s term expires on the night of December 29.

But the 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.

The High Court ruled that the elections could be held this year only if the coalition collapses for any reason.

Justice and Constitutional Affairs minister Mutula Kilonzo on Saturday told Sunday Nation that he intends to seek a constitutional amendment in Parliament to stagger the elections.

He said that the ruling had opened a window for Kenyans to do away with a cumbersome voting system which would see them elect a President, senator, MP, governor, woman representative and a member of county assembly all on the same day.

“I will be asking the country to examine this option and accept to have separate elections and this ruling has opened a window for that. I have always advocated for separation of the election,” said the minister.

The senior counsel he “will be challenging proponents of the August date to put courage in their mouths and support a presidential election in December and a parliamentary one in March.”

But Mr Charles Nyachae, the chairman of the Constitution Implementation Commission and Mandera Central MP Abdikadir Mohammed opposed the idea of amending the supreme law so early.

“I am not against the principle of staggering the election but I reject the opening up of the Constitution for amendment without obvious benefit to the people of Kenya,” Mr Nyachae told Sunday Nation.

“Why is the minister so interested in amending the Constitution. Let us implement it first,” said Mr Abdikadir, who is the chairman of Oversight Committee on implementation of the Constitution.

Already, the Cabinet has tabled a Bill in Parliament seeking a constitutional amendment for the elections to be held in December.

Withdraw earlier Bill

The Bill, which has gone through First Reading is expected in the House at the end of March.

However, Mr Kilonzo says he intends to withdrawal it if there are no appeals to the court’s ruling.