Polls team rules out August date

The electoral commission, which starts creating 80 new constituencies next week, has drawn up a roadmap that makes it impossible to hold elections in August 2012.

A draft, seen by the Saturday Nation, sets timelines for the creation of new constituencies, voter registration and education, election regulations and ensuring compliance with the Political Parties Act. All this will be completed at the end of July, a few days to August.

Other activities that put the August date in doubt are the registration of Diaspora voters and hiring of election officials.

Even so, a period of 30 days will still be set aside for voters to inspect the roll.

Voter registration must end 90 days before the General Election and this means that the earliest an election can be held will be in October.

The Independent Electoral and Boundaries Commission has been meeting to prepare ahead of the next General Election.

Chairman Ahmed told MPs recently that elections could not be held in August next year, saying, December was more plausible.

“We cannot hold elections in August. Let’s get that straight, elections will be held in December,” he said.

He said an August date was not possible because of the deadlines for various programmes.

“I sought an opinion from private lawyers, the Attorney-General and a member of the (now defunct) Committee of Experts Amollo Otiende who all say it can only be in December,” Mr Hassan said. “December is also ideal as we use schools and colleges as polling centres,” he said.

The exact date of the elections has been controversial, with Cabinet seeking to amend the Constitution to move it from the second Tuesday of August every fifth year to the third Monday of December.

Commission for the Implementation of the Constitution boss Charles Nyachae says the August date should be adhered to and a case is now before the High Court over the date dispute.

The review of boundaries will create 80 more constituencies to make the 290 required by the constitution. The commission, which came into office on November 11, instead of August 27, says it is three months behind schedule.

Public relations manager Andrew Limo said the commission had three cartographers and other staff to work on the boundaries.

“We have set the ball rolling. We will study the Ligale report and parliamentary report. The International Foundation for Election Systems will train our staff,” he said.

A report is expected in the first week of January, he said.

“The commission is burning the midnight oil and will work throughout the festive season,” he said.

Work on boundaries must be completed by March 11, 2012. Thirty days have been set aside for a challenge to the final report in the High Court, which must determine applications in 30 days.

This takes up to May 5, 2012 followed by 30 days of public education.

The commission will use a report of the dissolved Interim Independent Boundaries Review Commission as its primary reference document and consult experts and the public before preparing its initial report.

“The law requires us to make the Ligale Report primary reference material and the parliamentary committee report as our secondary reference,” Mr Hassan said.

According to timelines, 160 days from November 11 are needed to create the constituencies.

The first 50 days will be dedicated to preparing its initial report by the end of January next year.

This will be followed by set timelines of 70 days that will include 21 days for public consultation.

In 14 days, the The Independent Electoral and Boundaries Commission will revise the report, publish it and submit it to the Parliamentary Constitution Implementation Oversight Committee chaired by Mandera Central MP Abdikadir Mohamed.

It has 14 days to scrutinise the report and table it in the House with recommendations.

MPs have seven days to debate the report and make recommendations.

The commission will prepare the final report and gazette it in 14 days.

A period of 30 days has been set aside for Kenyans with objections to apply to the High Court.

All these activities are expected to end on June 11, 2012.

“The Commission will also be required to recruit staff for voter registration, including over 300,000 temporary staff,” Mr Hassan said.