ACK cathedral Mombasa dioces bishop Julius Kalu leaves the church. He suggested that the life of Parliament be extended by seven months so that the General Election can be held in August next year. Photo/FILE
By OLIVER MATHENGE omathenge@ke.nationmedia.com and PETER LEFTIE pmutibo@ke.nationmedia.com
Posted Monday, March 19 2012 at 22:30
Posted Monday, March 19 2012 at 22:30
President Kibaki and Prime Minister Raila Odinga have never met to discuss the dissolution of the coalition government to set the stage for an election date, it emerged on Monday.
Sources said the President rejected an attempt by the PM to have the matter discussed in the Cabinet on grounds that the court had already ruled on the issue.
A Constitutional Court ruled that elections can only be held this year if the two agree to dissolve the government, failing which they will be held within 60 days on expiry of Parliament’s term on January 14.
On Saturday, the Independent Electoral and Boundaries Commission used this ruling to set the date for March 4, 2013.
It also emerged that the government was yet to decide on whether to withdraw the Bill seeking to amend the Constitution and fix the election date on the third Monday of December in the fifth year. Justice and Constitutional Affairs Minister Mutula Kilonzo confirmed that the matter arose during the February 16 Cabinet meeting.
He added that this was a day after the PM told MPs in Parliament that they would decide on the date of the election because the matter was “too important” to be left to the discretion of him and the President.
“Since the court had already ruled on the issue, the President was of the opinion that the government should be guided by the court ruling, a position that was upheld by the Cabinet and was communicated to the public in the Cabinet brief that day,” Mr Kilonzo said.
Credible election
A PPS brief on February 16 stated “Cabinet also resolved that the government will be guided by the court decision that ruled on the election date.
Cabinet noted that the issue of the election date must be guided by the country’s level of preparedness, for a date that will guarantee a free, fair and credible election that sets the country on a path of transformation.”
Mr Odinga, during the PM’s question time in Parliament had also said that due to the expectations of Kenyans that the process be democratic, it was important that MPs be involved in setting the election date.
“We feel the election is too important to be left to the discretion of the Principals but should involve the National Assembly. As such, we will be bringing a Bill to this House so that members can debate and participate in fixing the date of elections once and for all,” Mr Odinga said on February 15.
On Monday, Mr Kilonzo said that though he had indicated on Friday that he would seek Cabinet’s approval to withdraw the Constitutional Amendment Bill, he would allow the public to debate the matter further before making the decision.
The date announced by the IEBC on Saturday has divided the country, with some leaders saying that the General Election should be held in December. There are those who have supported the March 4 date.
Curiously, the IEBC has also revealed that it has an alternative plan that leads to a mid-December election. The commission has said it had set the March 4 date after failing to secure a written agreement from the two principals on dissolution of the coalition government.
MPs overseeing the implementation of the Constitution will meet this morning to discuss the March 4, 2013 date.
Mr Abdikadir Mohamed, the chairman of the Constitution Implementation Oversight Committee (CIOC), said his team would use a scheduled meeting with the Salaries and Remuneration Commission to discuss the election date “as an emergency issue.”
The controversy arising from the announcement has the potential of undermining the integrity of IEBC and the credibility of the next election, Mr Mohammed stated.
“Our hope is that we manage the issue in a prudent manner so that we avoid a situation where we end up with a contested election,” he said.
On January 13, judges Isaac Lenaola, David Majanja and Mumbi Ngugi said that the election would be held in 2013 after the end of parliament’s term unless the two principals agreed to dissolve the National Accord in writing earlier.
It ruled that if the coalition was disbanded, the IEBC would fix an election date within 60 days. On Monday, Muslim and Christian religious leaders from the Coast asked Mr Kibaki and Mr Odinga to show leadership and reach consensus on an appropriate date for the elections.
United Methodist Church bishop Pius Kagwi said the differences between the top officials could easily trigger chaos in the country.
“If the two principals are for the good of the country then they need to agree on the election date to avert rising tension,” he said.
“It is important for our top leaders to reach an agreement on the election date to diffuse the boiling political temperatures in the country,” he said.The Council of Imams and Preachers of Kenya (CIPK) organising secretary Sheikh Mohamed Khalifa called on Mr Kibaki and Mr Odinga to meet urgently and resolve the election date crisis.
Mombasa Anglican Church bishop Julius Kalu suggested that the life of Parliament be extended by seven months so that the General Election can be held in August next year.
“It is better for the poll to be held in August as it falls within the new Constitution statutes,” he said.
Mombasa Catholic bishop Boniface Lele opposed the suggestion that the poll be held in December.
“When the poll is held in December it will interfere with family unions and the marking of the day of the birth of our Lord Jesus Christ,” he explained.
Presidential aspirant Eugene Wamalwa challenged Mr Odinga to dissolve the coalition government to pave way for the next election.
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