Saturday, January 14, 2012

Leaders say bench timing for polls good decision



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By BY JACOB NG’ETICH jngetich@ke.nationmedia.com
Posted  Friday, January 13  2012 at  22:30
IN SUMMARY
  • Verdict has put to rest speculation on the date and has shown the country the way forward
Many leaders on Friday welcomed the ruling by the High Court on the date of elections and termed it factual, compromising and giving the country enough time to properly prepare for the first election under the new Constitution.
The leaders said the verdict brought to rest speculation on the election date and gave the country the way forward.
Justice and Constitutional Affairs minister Mutula Kilonzo said he respected the ruling and would abide by it.
“I was worried that they will postpone the ruling but they have made us proud. Those who have contrary opinion can appeal at the Supreme Court,” said Mr Kilonzo.
He said the onus on him was to advise the government on the way forward on issues related to the amendments and explained that unless there was an appeal, he would withdraw the Bill seeking to amend the election date to December 2012.
Chairman of the Parliamentary Committee on the Implementation of the Constitution (CIOC) Abdikaddir Mohamed said the ruling put to rest the issue of election date and there was no more debate on the date.
He said August would not have been practical given the time lines of the electoral commission and the country would have done itself disservice.
“We at CIOC did not support the amendments to the Constitution, and what is not in doubt is that the High Court has brought to rest the issue; the Executive should now withdraw the amendment,” said Mr Mohamed.
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Mr Charles Nyachae, the Constitution Implementation Commission chairman, said he was satisfied with the ruling because it was only the court that had the mandate to interpret contentious issues in the Constitution and not individuals.
He hoped that the ruling would put to rest the election date debate since the three judges had made their ruling according to chapters which dealt with elections.
Other MPs including Jeremiah Kioni (Ndaragwa), Ekwe Ethuro (Turkana Central) and Peris Simam (Eldoret South) lauded the ruling.
Mr Kioni said the court held the position that most MPs had - that elections could only be held after the expiry of the current Parliament’s term.
He asked the Justice minister to withdraw the Bill already in the House.
“We warned him not to lump together the three issues of Election date, gender and boundaries in the same bill because the ruling has now complicated the executive desire to have all the three issues passed together,” said Mr Kioni.
He said the executive should now withdraw the bill then separate the issues so that we can pass each of them separately.
Ms Simam said, “We are very happy the ruling favours us as we shall have enough time to prepare for a credible election”.
However, some MPs were irked by the ruling. Nark Kenya leader and Gichugu MP Martha Karua termed the ruling as “absurd” and “off the mark.”
“There is no country in the world including the worst of dictatorships where the election time goes beyond the term. The court has amended the Constitution and extended the term of Parliament and this is an illegality because the term of President Kibaki ends on December 30 2012,” she told Saturday Nation.
She added that by giving the two principals mandate to determine the next General Election, the courts had subordinated the Constitution to the National Accord.
Her Gwassi counterpart John Mbadi also expressed disappointment saying, “For me the elections should be held in August in line with the constitution and that there was no need to drag the country into another election year in 2013, we need to clear with this election issue once and for all this year”.
Central Organization of Trade Unions, Law Society of Kenya and Supreme Council of Kenya Muslims SUPKEM also welcomed the ruling.
LSK chairman Kenneth Akide said the country now had a single interpretation on the date of the election and “We at LSK are interested in a credible election and therefore the IEBC and the nation at large will need enough time to prepare for a thorough election which for the first time will be complicated and include many seats.

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