CIC: Kenya general election due in August 2012

Commission for the Implementation of the Constitution chairman Charles Nyachae (left) flanked by commissioner Ibrahim Ali address journalists at their offices in Nairobi March 17, 2011. Mr Nyachae said that the next elections will take place on the second Tuesday of August 2012. PHOEBE OKALL  

By LUCAS BARASA
Posted Thursday, March 17 2011 at 12:01

The Commission on the Implementation of the Constitution has asserted that the next elections are due in August 2012.

Related Stories

• You cannot interpret law, MPs told
• Jobs: CIC to seek Appeal Court guidance

Chairman Charles Nyachae said Thursday that the new Constitution provides that Kenyans will go to the vote on the second Tuesday of August, every fifth year. The last elections were held in 2007.

"In our plain reading of Article 101 of the Constitution, the first General Election under the Constitution, will be held on the second Tuesday of August of the fifth year, namely 2012," said Mr Nyachae at the Commission's offices at Delta House, Nairobi Thursday.

The relevant part reads: "A general election of members of Parliament shall be held on the second Tuesday in August in every fifth year."

Accompanied by commissioners Kamotho Waiganjo and Ibrahim Ali, Mr Nyachae said the constitution took effect immediately after its promulgation and there was nothing to suggest the second Tuesday of August date does not apply to first General Election.

“We are just looking at the constitution itself,” Mr Nyachae said.

Debate on the date when the next General Election will fall has been rife.

Opinion has been divided among MPs as to when the life of the Tenth Parliament end. Some put the date as December 2012, while others are in favour of January 2013.

This can be translated to mean that the earliest the country can go to the polls will be around March 2013.

MPs who back the January 2013 date rely on the Sixth Schedule.

6 (10) says: "The National Assembly existing immediately before the effective date shall continue as the National Assembly for the purposes of this Constitution for its unexpired term."

The lawmakers insist that since they first sat on January 15, 2008, it follows that their five-year term will expire on January 15, 2013.

Mr Nyachae maintained the implementation of the constitution is on schedule, particularly on implementation of laws required before next Elections despite public anxiety of delays due to political bickering.

“Notwithstanding the late start, we could keep to the timeliness provided in the Constitution and in particular the Fifth schedule to the Constitution,” Mr Nyachae said.

He said the Judicial Service Bill, 2011 and the Vetting of Judges and Magistrates Bill, 2011 are awaiting Presidential assent in next few days.

CIC has further completed reviewing the Independent Electoral and Boundaries Commission Bill and will forward it to the Attorney General for publication and later tabling in Parliament.

The Commission expects to receive the Elections Bill from the AG or the Kenya Law Reform Commission next week. The body has also been reviewing the Political Parties Bill.

The IEBC Bill, the Elections Bill and the Political Parties Bill are required to be in place by August and Mr Nyachae was hopeful CIC would meet the deadline.

“We are on schedule and indeed expect to be ahead of schedule in so far as the timelines in the Fifth Schedule are concerned,” Mr Nyachae said.

The chairman said CIC is also working on the Supreme Court Bill, the National Police Service Bill and the National Police Service Commission Bill.

Mr Nyachae termed the IIEC's concerns over time available to prepare for the first General Elections as legitimate.

“The challenge to all those involved in the implementation process and in particular the IEBC who are established as the Electoral Management Body is to ensure that the intention of the constitution is achieved within those timelines set by the Constitution itself,” Mr Nyachae said.

He said CIC has written to IIEC “with a view to meeting them and assisting in achieving this goal".

“There is no crisis as regards the implementation of the constitution whether relative to the General Elections or otherwise. Prudence dictates however, that we remain focused and expedite, indeed fast track the process,” Mr Nyachae said.