A political party wants the court to order the Independent and Electoral Boundaries Commission to hold the next general election in August next year, not in 2022.
The Forum for Republican Democracy wants a declaration that Kenya is a four- year presidential and parliamentary electoral system as dictated by the Constitution.
According to FRD, the General Election should be held on August 10, 2021, in accordance with the Constitution.
“To the extent that the General Elections would be held in August 2022, the IEBC would be contravening the elections as 2022 is the sixth year,” reads court documents.
The party makes its case in an affidavit sworn by party member Augustine Kathangu.
He said he has studied the 2010 Constitution, the Elections Act, 2011 and noted an anomaly in various Articles of the Constitution, which have been violated by an anomaly in the same Constitution.
“Article 136 provides that an election of the president shall be held on the same day as a general election of MPs, being the second Tuesday in August in every fifth year... Article 142 provides that the president shall hold office for a term beginning on the date on which the president was sworn in and ending when the person next elected is sworn in,” Kathangu argues.
The party claims there is an actual threat of violating the law by insinuating that elections will be held in August 2022 and not August 2021 as provided for by the Constitution.
“The AG and IEBC have been negligent in fulfilling their mandate as provided in law to the people Kenya, by not raising or addressing this electoral anomaly as enshrined in law, which contravenes the provisions of the law in as far as the tenure of office and elections are concerned,” Kathangu says.
(Edited by V. Graham)
