HomeKenyaExperts divided over elections date, president’s term after High Court bombshell

Experts divided over elections date, president’s term after High Court bombshell

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Experts divided over elections date, president’s term after High Court bombshell  nation.co.ke

Background

Kenya’s election timetable is set out in the Constitution rather than left to the discretion of officials. Article 101 provides that a general election for members of Parliament is held on the second Tuesday in August in every fifth year, and the presidential and county elections are tied to the same day. The intention when the 2010 Constitution was drafted was to remove the timing of elections from political negotiation altogether, after decades in which the calling of a poll had been a presidential prerogative.

The difficulty is that a fixed formula still has to be applied to real events. Counting the five years from a disputed election, a nullified election, a repeat poll or a delayed swearing-in produces more than one defensible answer, and the Constitution also fixes the length of a presidential term separately from the election date. When a court engages with that arithmetic, it touches the term of the sitting president, the terms of every governor, senator and MCA, and the operating assumptions of the electoral commission.

Why it matters here

Uncertainty about an election date is not an abstract constitutional argument for voters in Kibra, a constituency where campaigns start early and where turnout has historically been high. It affects when voter registration drives run, when boundaries and polling stations are confirmed, and when the parties begin selecting candidates. It also shapes the budget cycle, because an election year changes both government spending patterns and the commission’s funding requirements.

What to watch next

Rulings of this kind are rarely the end of the matter. The realistic sequence is an appeal, a possible reference to a higher bench, and a statement from the electoral commission on whether its published timetable stands in the meantime. Until an appellate court settles the point, the practical position for voters is that the commission’s existing calendar remains the working assumption.

Read the full report at nation.co.ke

Source: nation.co.ke

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