Why I think CIC is wrong on August date

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BY LABAN WANAMBISI

The Swahili have a saying which goes ‘Mgala muue lakini haki mpe’, which basically means that you should be willing to give credit where it is due, even in incidences where you dislike the recipient.

Today I blog on the question of the next general election which has been sparked by the last week’s announcement by the Commission  for the Implementation of the Constitution purporting that the polls should be held on the second Tuesday of August, a view I disagree with.

Charles Nyachae team’s stand is based on Article 101(1), which states "A general election of Members of Parliament shall be held on the Second Tuesday in August in every fifth year."

Like most Kenyans I have been praying for the opportunity to use Donald Trump’s famous words, \’you are fired\’, to some of our honourable representatives, but we should also be mindful of the fact that the rule of law needs to be followed in doing so.

I remember Immigration Minister Otieno Kajwang during an ODM rally at the Tononoka Grounds in Mombasa, saying that “we passed this Constitution, to devolve and decentralise power”, meaning that unlike before, we don’t have to take the word of any institution or person as gospel truth.

I disagree with the larger majority of Kenyan civil societies, MPs and Mr Nyachae because in the Sixth Schedule, it is outlined how the life of the current Parliament will come to an end.

The Sixth Schedule Part 3, Clause 10 says "the National Assembly existing immediately before the effective date shall continue as the National Assembly for the purpose of this Constitution for its unexpired term."

Let me pose a question, how many of you confirmed their respective MP or indeed the President for a fresh 5-year mandate in August 2007?
 
My question to the proponents of the August poll is why they seem to be ignoring this clause in their interpretation of the law.

The Sixth Schedule was annexed in the Constitution in order to act as a bridge between the old and the new supreme law to avoid hiccups like the one we had with the appointment of the top judicial officials.

Please note that the latest statement by the institution that’s charged with ensuring the country meets the set constitutional deadline, is in disagreement with the roadmap released by the IIEC which had planned to hold mock elections in November 2012 after all the necessary legislation, institutions and personnel are in place.

Simply put, we have two options on this matter: we can throw caution to the wind and go by CIC`s word or wait for the Supreme Courts to be constituted and resolve this issue.

But hate them or love them, we are stuck with our favourite club 222 until next December; if you want an August poll wait for 2017.

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