IEBC boss clashes with Karua over election date

By Steve Mkawale

Independent Electoral and Boundaries Commission chairman Isaack Hassan clashed with Narc-Kenya Leader Martha Karua over the March 4, 2013 Election Date.

The dispute over the date that had threatened to tear the country apart seems to be far from over after the two differed sharply at a forum in Nairobi with the Gichugu MP maintaining that the date was a violation of the constitution.

Hassan told off Karua over her stand that the Executive, IEBC and the Judiciary had violated the constitution saying anyone dissatisfied with the March 2013 date should move to court and seek to overturn it.

"IEBC was only implementing what the court had ruled on and those against the date can move to court," Hassan said.

Karua and other political players like Prime Minister Raila Odinga have been pushing for a December 2012 date, which they say is constitutionally right.

The two have argued that by pushing the election to March 4, 2013, it would be extending the life of the country parliament and President Kibaki’s term in office by an extra one year.

However, Hassan said the election date would be gazatted as March 2013.

Karua had earlier in her address tore on the Executive, the judiciary and IEBC accusing the institutions of taking Kenyans for a ride.

"They have violated the constitution and taken us to the sixth year election period. The electoral period is very well stated in the constitution –must be within the five year.

"The constitution cannot be a living document unless we breathe live in it," said Karua, who has declared her intention to contest for the presidency in the upcoming General Election.

President Mwai Kibaki, during his State of the Nation Address in Parliament last week failed to address the issue of the election date giving an indication that the election would be held in March 2013.

Previously the Head of State had categorical stated the courts have the final say in the interpretation of the constitution in regard to the poll date.

On Thursday, while addressing political party leaders, MPs and diplomats who attended the launch of the Handbook on Kenya’s Electoral Laws and System at Hilton Hotel, Hassan said the commission was at the final stage of preparation of the elections.

He said they have come up with structures that would enable over three million Kenyans in the Diaspora will participate in the next General election.

Hassan, however, noted that Kenyan's abroad would cast their ballot for a Presidential candidate only.

He further revealed that the registration and voting would be done at Kenya Embassies and Consulates abroad.

"The Registration will require an applicant to produce a Kenyan passport. There will be no e-voting at this time but physical ballots," he said.
The chairman said the Returning Officers would be nominated by IEBC.

"We are going to us our staff in the exercise but some Embassy officials might be chosen to be Returning Officers," Hassan said.

The electoral commission has been on the spot over the participation of all Kenyans in the Diaspora in the next general election.

The Handbook on Kenya’s Electoral Laws and System would enable civic educators to carry out the exercise with a view of educating Kenyans about electoral laws.

The book published by the Electoral Institute for Sustainable Democracy in Africa (Eisa) provides an overview of electoral law regime in the country.

"It comprehensively covers the electoral systems and structures and functions of key organs responsible for electoral management in the country," said Eisa Country Director Mr Felix Odhiambo.

Senior Deputy Solicitor General Muthoni Wanjiku challenged IEBC and other players to come up with simplified version of the book to enable ordinary Kenyans learn about the electoral laws.

British High Commissioner to Kenya Dr Peter Tibber challenged leaders to ensure that the country conduct free, fair and transparent elections.

Dr Tibber said the international community was happy about the reforms in institutions concerned with elections saying they would continue to support positive reforms aimed at ensuring free, fair, peaceful and transparent elections.

The next election will be the first polls in the country’s history where Kenyans living abroad would cast their votes.