Lobby threatens legal action over Kenya polls dates

Kenyans wait to vote at a polling station in Nairobi during the August 4 referendum. Central Organisation of Trade Unions (Cotu) and the National Convention Executive Council (NCEC) petitioned President Kibaki and Prime Minister Raila Odinga to stop MPs from pushing for an extension of the current term beyond the August 2012 date. Photo/FILE 

By PETER LEFTIE pmutibo@ke.nationmedia.com
Posted Thursday, November 11 2010 at 22:30

Debate on the date of the next general election raged on Thursday, with the civil society and trade unions threatening court action to have the polls held in August 2012.

The Central Organisation of Trade Unions (Cotu) and the National Convention Executive Council (NCEC) separately petitioned President Kibaki and Prime Minister Raila Odinga to stop the MPs from pushing for an extension of the current term beyond the August 2012 date stipulated in the new Constitution, failure of which they would resort to court action.

But the Interim Independent Electoral Commission (IIEC), which is mandated to conduct elections in the country, refused to be drawn into the debate, only stating that it was awaiting the correct interpretation of the Constitution on the matter.

“The IIEC does not have a position on the matter as at the moment we will abide by the interpretation of the new Constitution regarding when the next general election should be held,” said Ms Gladys Shollei, the commission’s deputy CEO.

“The new Constitution talks about the second Tuesday of August every fifth year as the date of the general election but the transitional clauses also talk about the expiry of Parliament’s term, which means December 31, and that is why we need an interpretation,” she added.

Cotu secretary-general Francis Atwoli, who is attending an International Labour Organisation meeting in Geneva, warned that Kenyans will not tolerate breach of the new laws by MPs seeking to extend their term.

“We appeal to President Kibaki and Prime Minister Odinga to rein in these errant MPs. If they cannot, the only solution they have as leaders of the Coalition Government is to dissolve Parliament forthwith,” said the statement.

NCEC chief executive Cyprian Nyamwamu said her group was mobilising civil society to push the two principals to intervene.