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Why IEBC wants Parliament dissolved in December

By | Feb 10th 2012 | 3 min read
By | February 10th 2012

By Standard Reporter

It is now more likely that MPs will not serve their full term after the electoral commission said it

IEBC chairman Issack Hassan and fellow commissioner Lilian Bokeeye (centre) hand over the commission’s report on electoral boundaries to Njoroge Baiya, acting chairman of the Justice and Legal Affairs committee at County Hall, Nairobi Thursday. [PHOTO:AGNES RUBE/STANDARD]

would ask President Kibaki and Prime Minister Raila Odinga to dissolve the National Accord in October by mutual consent.

The two principals have in the recent past indicated that they favour elections in December this year.

Ending the agreement as provided for under the National Accord and Reconciliation Act would mean the Grand Coalition Government and the Tenth Parliament is automatically dissolved, and would trigger a General Election this December, 60 days after the move.

Independent Electoral and Boundaries Commission (IEBC)  chairman, Mr Isaack Hassan said he would send letters to the two principals, asking them to end the uncertainty over the date of the polls by ending the arrangement that forced them to share executive power following the 2008 post-election violence.

Although it is the IEBC to set the date for the General Election, the constitutional division of the High Court ruled last month that for polls to take place this year, the National Accord must be dissolved.

Without this, Kenyans would have to wait for the Tenth Parliament to serve its full term, which ends on January 15, next year.

“I am writing to the two principals and I will ask them to tell the nation when they intend to dissolve the coalition. I expect the letter to be on their desks tomorrow. We will advise and request dissolution in October so that we have time to hold elections in December.  We expect word from them,” he said.

Report submitted

Hassan, who spoke at County Hall yesterday after submitting the IEBC report on delimitation of boundaries to Parliament, said he had already contacted the offices of the President and Prime Minister on the matter.

He said having a firm date for elections will make it easier for the IEBC to prepare for the epic polls, the first under the current Constitution, and allow political parties and civil servants who intend run for office to resign their positions in time.

The law requires that civil servants vying for elective seats quit public office seven months to the polls.

In June, the former Head of the Civil Service Mr Francis Muthaura issued a circular to public servants reminding them of the requirement.

The Elections Act and Political Parties Act have strict timelines that are based on the election date, including submission of nomination rules by parties to the IEBC.

The Elections Act stipulates that a political party shall submit its nomination rules to the Commission at least six months before the nomination of its candidates. It requires that parties nominate candidates at least 45 days before a General Election in accordance with their constitutions and nomination rules.

Nomination rules

Further, the Act stipulates that a party that nominates a person for an election submits to the IEBC its membership list three months before picking its candidate. Parties have until May 1 to fully comply with provisions of the Political Parties Act.

Among public servants interested in politics are Education PS James Ole Kiyiapi who plans to run for presidency, Mr Kenneth Lusaka (PS Livestock) and Mr Emanuel Kisombe (PS Immigration). 

Forestry and Wildlife PS Mohamed Wamwachai is believed to be gunning for the governorship of Kwale County. 

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