THE August 14, 2012 General Election date cannot be postponed even by the delayed of implementation of constitution, CIC boss Charles Nyachae has said. 
Nyachae, who spoke in Germany, said the constitution in its current state, does not envisage postponement of elections unless Kenyans amend the constitution before the poll date.
Failure to meet the implementation deadlines, according to Nyachae may lead to either implementation under the supervision of the High Court or dissolution of parliament and early elections. “The constitution itself does not envisage the postponement of the general elections,however, should the people of Kenya deem it fit to postpone elections, contrary advice given by the CIC, the constitution will have to be amended to make provision for such a postponement.
Such an amendment will entail the introduction into Parliament of an Amendment Bill, which must wait at least 90 days after the first reading before submission for second and third readings.
Parliament will be required to publicize the Bill and facilitate public discussion of the proposed amendment, if the bill is approved by at least two thirds majority of all the members of the National Assembly. “It will be subjected to a popular referendum since election laws inevitably relate to the sovereignty of the people, the term of office of the president, national values and principles of governance and functions of parliament which matters are reserved and are subject to a referendum,” Nyachae explained.
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