Mwau now wants MPs term extended to 2013

Business

Evelyn Kwamboka

Kilome MP Harun Mwau has moved to court seeking to extend the term of the current parliament.

Mwau wants the term extended to January 15, 2013 as opposed to constitutional requirements that elections be held on the second Tuesday of August 2012.

If allowed by the court, this will see sitting MPs’ term extended as a result of the alleged delays caused by the post-election violence, in starting parliamentary sessions.

In achieving this, the MP who has been fighting to clear his name from a list of leading narcotic drugs kingpins released by US President Barack Obama, wants the court to declare that President Kibaki has no power or authority to dissolve parliament under the new constitution.

 “As the Kilome MP, I plan development and welfare projects in my constituency based on a five year plan which comprises of a single parliamentary term,” he said.

 He wants the court to make a decision on this because “every person has become an interpreter of the constitution which has given rise to propaganda, rumours, and gossip which are now causing unnecessary anxiety and debate, which is now breeding into confusion and conflict among the people of Kenya.”

 When the case came before High Court Justice Daniel Musinga, the judge disqualified himself from hearing it.

 He did this on grounds that he comes from the same constituency, and referred it to Lady Justice Jeanne Gacheche who heads the Judicial Review Division of the court.

 In the application, the MP is seeking a declaration that the first general election under the new constitution shall be held within 60 days after the expiry of the term of the existing National Assembly.

 

The MP is also seeking a declaration determining whether the National Accord and Reconciliation Act was amended to remove the death clause before the effective date of the new Constitution came into force.

 

He wants the court declare that the unexpired term of the existing MPs under the former constitution includes terms and services.

 The case is on grounds that he has legitimate expectations that he will serve the people of Kilome constituency for the five years provided by the law.

President Kibaki was sworn into office on December 30, 2007 and the new session of the Tenth Parliament on January 15, 2008.

 

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