Election date: It’s time to move country forward

Clarity and certainty on the election date is part of free and fair elections.

Alternatively, the President and the Prime Minister need to make it clear that they will not dissolve the coalition so that the country knows that the next elections will be held between January 15 and March 14, 2013 on a date to be fixed by the IEBC.

In the event elections are held in 2013, there will be no vacuum constitutionally in the presidency.

The court correctly pointed out that section 12(1) of the Sixth Schedule provides that the President and the Prime Minister shall continue in office until the next General Election, whenever it might be held.

In the event of the next presidential elections being contested in court, President Kibaki will continue to legally hold office until the timeline set out in law for the resolution of the dispute is exhausted – May 2013.

There is, therefore, no basis for amendment to the Constitution to provide for separate elections.

If presidential elections are held prior to those of the Senate, National Assembly and counties, the results of the former will influence the latter.

Many Kenyans still believe “development” in their areas can only come if they are in “government.”

One finding on which Justices Lenaola, Ngugi and Majanja deserve accolades is making it clear that future elections shall be held on the second Tuesday of August in every fifth year.

The 11th Parliament and the fourth President of Kenya now know in advance that their term of office will be shorter than five years.

Mr Muite is a senior counsel and Safina party leader.