Retired major wants General Election postponed

What you need to know:

  • Joel Kiprono has filed a suit against the Independent Electoral and Boundaries Commission, Attorney General, Office of the Registrar of Political Parties and National Cohesion and Integration Commission at Milimani Law Courts in Nairobi.
  • He argues the Constitution says general elections should be held every fifth year yet the country is preparing for the polls barely four and half years after the last one in 2013.

A retired Major from Bomet has moved to court seeking to have next month’s General Election postponed.

In a suit filed against the Independent Electoral and Boundaries Commission, Attorney General, Office of the Registrar of Political Parties and National Cohesion and Integration Commission at Milimani Law Courts in Nairobi, Joel Kiprono argues the Constitution says general elections should be held every fifth year yet the country is preparing for the polls barely four and half years after the last one in 2013.

He says this has reduced President Uhuru Kenyatta's time in office yet it has not been approved through a referendum.

DEMOCRACY EXPENSIVE

Mr Kiprono, who at one time kept on its toes the parliamentary committee that oversees the implementation of the Constitution into looking at the possibility of holding a referendum, acknowledges that cancelling the already planned election would be expensive but insists democracy is much more.

He says Kenya has good relations with other countries and can genuinely find help in acquiring funds to hold a referendum as well as the General election.

“I should remind my fellow Kenyans that democracy is pretty expensive but it is wise to meet the expense rather than incur costly civil strife,” the retired Major says.

He faults Parliament for failing to deliberate on his two petitions which he presented before the National Assembly last year yet they touch on the need for an emergency review of the Constitution as well as the election timeline in view of the prevailing threat to national unity and security.

Mr Kiprono argues if the election goes on as planned and the incumbent President loses, his supporters and the government machinery can say the five-year period has not yet expired and will do so in March 2008.

He says even if Mr Kenyatta won the election, he would say his second term begins next year.

The retired Major says these scenarios can cause violence and chaos in the country.

He says the August 8 polls will also force governors and Members of the County Assembly out of office before the expiry of their five-year terms.

'OPEN FLOODGATES'

“If the elections are held on August 8, the process will open floodgates for an avalanche of election disputes which will not only be overwhelming to the judiciary but will create socio-political chaos in the country thus worsening the socio-economic order of the nation,” Mr Kiprono says.

He opposes the idea of independent candidates, saying many of them are disgruntled losers from nomination and are “opportunists” who sought alternative avenues to cling to positions.

The retired Major says both government and the Judiciary need to take decisive action to tackle causes of chaos rather than wait for it to happen so as to stop it.

He wants the National Assembly ordered to examine the Constitution and the relevant legislation in order to consider making amendments on postponing the presidential election or General Election.