August too early for polls, says Githu

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By BERNARD NAMUNANE bnamunane@ke.nationmedia.com AND OLIVER MATHENGE omathenge@ke.nationmedia.com
Posted  Wednesday, October 26  2011 at  22:00

IN SUMMARY

• Cabinet proposal to move elections to December has sparked outrage

The Cabinet decided to move the election date from August to December next year to allow for adequate preparations.

Attorney-General Githu Muigai on Wednesday argued that the time between now and August next year was too short to finalise preparations.

He stated that holding credible elections was far more important than the fears expressed by certain politicians and activists that it was too early to amend the Constitution.

“It is wise to be realistic when the situation demands it. We should not abandon a major constitutional principle for fear of being seen as allegedly tampering with the new Constitution,” he said.

Prof Muigai argued that while holding the elections was a good indicator of democracy, preparations for the exercise were the determining factor behind it.

“The proposed amendment to move the election date to December 2012 is meant to allow for thorough and effective preparations for this democratic function,” he said.

The AG spoke in his Sheria House office when he met International Commission of Jurists (Kenya Chapter) chairman Albert Kamande and secretary-general George Kegoro.

Cabinet, in the Constitution Amendment Bill 2011, seeks to move the election date from the second Tuesday of August in every fifth year to the third Monday of December in every fifth year.

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The move has triggered debate with a section of MPs, the Commission for the Implementation of the Constitution and the civil society opposing it.

On Wednesday, assistant minister Mwangi Kiunjuri urged the Supreme Court to speed up a ruling on when the next election should be held.

Mr Kiunjuri said the earlier the date was settled on, the better for the country to prepare for the first elections under the new set of laws.

Prof Muigai said adequate preparations for elections, such as registration of voters in the diaspora and creation of new 80 new constituencies, were key factors in ensuring that the next polls were held peacefully and fairly.

Mr Kegoro presented a memorandum urging the AG to consider the establishment of a local Special Tribunal to try direct perpetrators of post-election violence.