Postpone elections at your own peril, the Independent Electoral and Boundaries Commission (IEBC) has been warned.
Two parties and youth lobby groups noted that the Constitution makes IEBC responsible for conducting or supervising referenda and elections.
“That responsibility and power shall be exercised in accordance with the Constitution and national legislation,” United Green Movement said.
Addressing journalists in Nairobi, UGM chair Agostino Neto said that Article 102 of the Constitution said Kenya must be at war for the term of Parliament to be extended.
He pointed out that the Constitution provides that a General Election of Members of Parliament shall be held on the second Tuesday in August of every fifth year.
Neto further noted that Article 102 of the Constitution stipulates that, “The term of each House of Parliament expires on the date of the next General Election”.
Neto, who was flanked by officials from Communist Party of Kenya Kenya Tuitakayo lobby group and National Students Caucus, said the IEBC is only subject to the Constitution and the law.
They were reacting to a ruling by the African Court on Human rights in Arusha that gave countries the green light to postpone elections over Covid-19.
The Pan-African Lawyers Union, which sought the advisory opinion, had asked the court to issue rules and guidelines for postponement of elections by AU members.
Neto said the courts advisory should have been more on how African governments should be moving to roll out mass vaccinations against Covid-19.
“The rest of the world is managing the pandemic through mass vaccination campaigns,” he stated.
He said IEBC should fast track their preparations for the 2022 polls, which includes continuous registration of voters especially youth who will be voting for the first time.
“This continuous voter registration now needs to be promoted, publicised and accompanied by the requisite civic education as we approach 2022 without being left to the vagaries of the individual voters,” he added.
Neto further said IEBC is and independent institution which is not subject to direction or control by any person or authority.
Leading politicians among them Deputy President William Ruto and ANC party leader Musalia Mudavadi have warned against postponing elections.
The Anglican Church of Kenya (ACK) has also warned against postponing next year’s General Election or extending President Uhuru Kenyatta's term.
ACK bishops led by Archbishop Jackson Sapit said that the 2022 General Election has to be conducted on the exact date as stipulated in the Constitution.
However, Cotu Secretary General Francis Atwoli has been calling for the postponement of the elections.
Atwoli argues that Kenya should first amend the Constitution through Building Bridges Initiative (BBI) process to address the winner-takes-all system and other electoral issues.
