The High Court has declared the August 9, 2022 General Election date constitutional.
This is after Justice Antony Mrima today dismissed a petition by former Nominated Senator Paul Njoroge seeking to have this year’s general election held in 2023.
“August 9 is constitutionally the second Tuesday of the General Election of the fifth year. The Constitution is clear on the election date. The Constitution can’t subvert itself,” he said. The court dismissed this argument since the commission now has a CEO.
He further claimed that because the latest elections were held on October 26, 2017, President Uhuru Kenyatta and DP William Ruto’s terms will expire in November.
The Constitution, on the other hand, mandates that every fifth year, a General Election be held on the second Tuesday in August.
Uhuru and Ruto’s terms, according to Njoroge, will not have expired by the IEBC’s August 9 deadline because their Constitutional terms arithmetically and logically expire in November 2022.
The former Senator claims that the August 9 deadline was placed on Kenyans by administrative fiat and that it has a direct and negative impact on the country’s public finances as well as other levels of government, such as county administrations.
He claimed, it is illegal, irregular and illegitimate to ask the court to stop any additional violations, including the commission’s planned budgetary allocation and disbursements for the August 9 deadline.
