Appeal Court decides next election date on Tuesday

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By NATION REPORTER
Posted  Monday, July 30  2012 at  23:30

The Court of Appeal will on Tuesday decide the date Kenyans will go to the polls.

Appelate judges Erastus Githinji, Kalpana Rawal, Martha Koome, Hannah Okwengu and David Maranga will either uphold a decision reached by the High Court in January concerning the election date or dismiss the ruling and set a new one.

Judges Isaac Lenaola, David Majanja and Mumbi Ngugi ruled that the elections would be held in March 2013 after the expiry of the current Parliament’s term unless the President and Prime Minister agree in writing to dissolve the coalition government.

Following the decision and the failure by two principals to agree on the date, the Independent Electoral and Boundaries Commission fixed March 4, 2013 as the elections date.

However, two lobby groups — Centre for Rights Education and Awareness and Caucus for Women’s Leadership — appealed against the High Court ruling, claiming that the judges misinterpreted the Constitution.

The lobby groups asked the Appeal Court to declare that the elections should be held latest October 14, 2012 in conformity with the Constitution, which gives the date as the second Tuesday of August of each election year.

They argued that the High Court misdirected itself in interpreting the Constitution and did not give specific answers to Kenyans in regard to the election date.