For a long time a farmer, brandishing an empty sling, chased away birds that were feeding on his crops. But soon the birds realised it was empty and they ceased to take notice and thus not move.
The farmer, on seeing this, charged his sling with stones and killed a great number. The remaining birds at once forsook his fields, crying to each other, “It is time for us to be off to Liliput: for this man is no longer content to scare us, but begins to show us in earnest what he can do”.
Last week, Cotu secretary-general Francis Atwoli declared that the 2022 General Election should be postponed to complete the BBI process. Atwoli appeared to confirm fears expressed by Kenyans that there were plans to postpone the elections, something that we have heard from other leaders in the recent past.
In April, Senate Majority leader Samuel Poghisio suggested the same, claiming it would allow at least for smooth execution of parliamentary tasks at hand. National Assembly Minority leader John Mbadi echoed the sentiments, suggesting that procedures of extending the life of Parliament are in place.
Earlier in March, political analyst Herman Manyora had suggested that the general election should be postponed due to the prevailing Covid-19 pandemic. His premise was immediately dismissed by Kenyans.
One of the major concerns has been that BBI has proposed the creation of 70 new constituencies and Article 89(4) of the Constitution demands that review of boundaries be completed “at least 12 months before a general election of Members of Parliament.”
For the avoidance of doubt, the Constitution is clear on when elections are to be held. All the elections — from President to MCA — are to be held on the second Tuesday of August in the fifth year without exemption.
In addition, Article 102(2) of the Constitution stipulates that if the term of each House of Parliament expires “when Kenya is at war” and that “Parliament may, by resolution supported in each House by at least two-thirds of all the members of the House, from time to time extend the term of Parliament by not more than six months at a time.”
Sub-article (3) of the same clarifies that Parliament shall not be extended under clause (2) for a total of more than 12 months. As it stands, Kenya is not at war and this can, therefore, not be used as a premise to push the 2022 elections.
The only other way that Kenyans can fail to go to the ballot is if the country is in a State of Emergency, which has to be approved by Parliament. Kenya is not in a State of Emergency and the BBI process is not an emergency that would warrant such.
It is, therefore, not fair to Kenyans for any individual or group to suggest that elections should not be held as stipulated in the Constitution, for any reason. Kenyans have the right to exercise their democratic right to elect the leaders of their choice under the dictates of the Constitution.
Attempts to postpone the 2022 General Election would be unwise for whatever reason. It will be perceived as an attempt to hold onto power and met with fierce resistance from Kenyans.
We must always remember that the sovereignty of Kenyans is guaranteed by the Constitution and cannot be circumvented for whatever reason. If Kenyans changed the Constitution by exercising this sovereignty to postpone the election, then this would be alright.
But as things stand, elections must be held next year and the IEBC must put in place mechanisms to ensure they are free and fair. All Kenyan leaders should be focused on ensuring Kenyans exercise their role in elections through the ballot in a peaceful election next year.
Furthermore, the courts are yet to decide on the BBI appeal and the most prudent thing is for all Kenyans to await this and take the necessary steps thereafter.
The writer is a political and communications consultant
@MachelWaikenda
