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Thursday, April 21, 2011

Three voters sue over polls date

By NATION CORRESPONDENT
Posted  Wednesday, April 20 2011 at 20:42

Three voters have moved to court seeking to have the second Tuesday of August 2012 reserved as the date for the next General Election.
They say the uncertainty about the date of the poll is caused by apparent inconsistency in articles 101 and 102 of the new Constitution and paragraphs 9(1) and 10 of the Sixth Schedule.
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Article 101 provides that the General Election of members of Parliament will be held on the second Tuesday in every fifth year while article 102 says the term of each House expires on the date of the next General Election.
In the same Constitution, paragraph 10 of the Sixth Schedule says the National Assembly existing now will continue until its term ends, which means up to December 2012.
The court was also told that although the Committee on the Implementation of the Constitution has said the polls will be held on the second Tuesday of August 2012, the Justice ministry is on record saying the necessary legislation has not been enacted to enable the election to take place in August 2012.
Mr Milton Mugambi Imanyara, Prof Lawrence Gumbe and Mr Martin Muthomi Gitonga are now seeking the court’s intervention.

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