Don't postpone 2022 elections

There have been calls and clamour to postpone 2022 elections from the allies of President Kenyatta and Raila Odinga. They have relied on parameters such as Covid-19 and BBI referendum. The latter was halted after Covid-19 struck the country and political gatherings were outlawed as one way of combating the killer disease.

Attempts to amend the Constitution are in disarray. This is after the five High Court bench ruled in May that the process was unconstitutional, illegal, null and void. Proponents of the initiative appealed at the Court of Appeal. The court will deliver judgment on August 20.

I have penned before that whatever the outcome of the Court, the BBI conundrum will be resolved at the Supreme Court. It will take the highest court a period of about two months to hear and determine the case. Meaning they might deliver their judgment early November. This will affect constitutional timelines under which a referendum can be conducted before next year’s general election. Should Supreme Court rule against the initiative, that's how the BBI shall die.

Extension

Constitution stipulates that general election be held after every five years. Parliament's term can be extended for a period of not more than six months when Kenya is at war under article 102.As far as I am concerned, we are not experiencing any war nor do we hope for war to occur.

In 2012, elections were delayed to March 2013 after the High Court ruled Parliament serve a term of five years and electoral body conduct election after sixty days.

Postponing 2022 elections will create a constitutional crisis. IEBC has a full one year to prepare for elections. They have already issued an election calendar. Other countries have conducted elections despite Covid 19 why not us? The latter and BBI shouldn't be the rationale or scapegoat to delay polls.

Raila is caught between a rock and a hard place. He has persistently said he will announce his next move after BBI is passed. He has also rejected any attempt to conduct referendum alongside 2022 elections.

Should he abandon BBI and focus on 2022 or concentrate on both? It is said you cannot serve two masters. Uhuru has nothing to lose because his second and final term will end next year though he has said he wants to leave a legacy of united Kenya and BBI is his avenue. Let's conduct election as per the requirements of the constitution and grant electorates an opportunity to exercise their Democratic right of voting by sending home underperforming leaders and those who squander public resources for idiosyncratic and egoistical gains.

KITONGA MUSYOKA comments on Politics and Law