The Commission for Implementation of the Constitution chairman Charles Nyachae during a news conference at the Commission offices in Nairobi, March 20, 2012. The commission has supported the announcement by the Independent Electoral and Boundaries Commission that elections will be held in March 2013. He is flanked by Commissioner Philemon Mwaisaka. STEPHEN MUDIARI
By OLIVER MATHENGE omathenge@ke.nationmedia.com
Posted Tuesday, March 20 2012 at 14:21
Posted Tuesday, March 20 2012 at 14:21
The Commission for the Implementation of the Constitution (CIC) has supported the March 4, 2013 election date announced by the Independent Electoral and Boundaries Commission (IEBC).
The Commission urged Kenyans to support the date since it was IEBC that is mandated under the constitution to set the elections date and it has done so within the law.
“CIC is fully persuaded that, in the discharge of its mandate, IEBC acted entirely within the parameters of the Constitution, as stated by the Constitutional Court,” CIC chairman Charles Nyachae told a press conference at the commission’s offices in Nairobi Tuesday.
The CIC, however, said that the date could change if the court ruling was overturned by the Court of Appeal, the two principals agree in writing on when the coalition would be dissolved or if Parliament amends the Constitution to give a different election date.
“In the absence of any of the above events taking place, it behoves all Kenyans, including all other Constitutional organs and office, to respect IEBC and its mandate,” Mr Nyachae said.
Mr Nyachae said that the Commission, in giving its advisory, is more concerned by the constitutional and legal issues that underlie setting of the date and not with “political interests and preferences surrounding the election date debate".
A group of women has filed an appeal before the Court of Appeal seeking to quash the decision that was issued by Justices Isaac Lenaola, Mumbi Ngugi and David Majanja.
He also said that the IEBC draws it mandate from the Constitution which is the will of the Kenyan people and does not need to seek extra mandate from the public in setting the date.
CIC also said that there will be no breach of the law if President Kibaki was to stay in office until mid next year as a new president is elected and sworn into office. He said that the Constitution expressly allows the two principals to remain in office until the next elections are held and the new President is sworn in.
“There is nothing like illegal extension of the President’s term. The President and Prime Minister will continue in office until we have the elections. Article 142 of the Constitution also says that a President will stay in office until the new president is sworn in,” Mr Nyachae said.
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