Mwau asks court for 2013 election date

FRIDAY, 22 JULY 2011 00:06 BY PAMELA CHEPKEMEI

The Member of Parliament for Kilome wants the High Court to declare that the general election be held in March 2013. Harun Mwau, in a suit lodged at the High Court in Nairobi yesterday, said there has been confusion as to when the next general elections shall be held. The uncertainty on the election date has affected his constituents, he said.

Mwau also wants the court to rule that the term of the current parliament began on January 15, 2008 and shall end on January 15, 2013. He contends that his fundamental rights and freedoms are threatened through the violation.

The constituents of Kilome whom he represents, he argues, have to spend time thinking of the fate of their social, political  and economic rights due to the uncertainty in the law. “The people of Kilome constituency desire to know when the next general election will be held in order to prepare and make an informed decision when the time for electing their representative comes,” says Mwau.

The MP said he has sought the court’s intervention because after the promulgation of the constitution, almost everyone has become an interpreter of the new law giving rise to propaganda, rumours and gossip causing conflict and confusion among Kenyans. He argues that as Kilome MP he plans development and welfare projects based on a five year plan. Mwau says should his term be cut short, his integrity as a leader will be adversely affected for making promises that he cannot fulfill.

In his application, he says, raises issues of public interest as it affects the voting rights, rights to representation and social political and economic rights of all Kenyans. He wants the court to declare that the first general election under the new constitution shall be held within sixty days after the expiry of the term of the existing National Assembly.

The court is also being asked to declare that the President has no power to dissolve Parliament under the current Constitution. The case could not be heard yesterday because it was placed before a judge who is a constituent of Mwau. High Court Judge Daniel Musinga said he could not hear the case because he hails from Kilome constituency. He directed that the file be taken back to Justice Jeanne Gacheche.