The High Court has dismissed a petition seeking to have the August 9th general election postponed to 2023.
The petition had been filed by former nominated Senator Paul Njoroge, who argued that the Independent Electoral and Boundaries Commission (IEBC) was not properly constituted when it announced the election date as only three commissioners were in office.
He further averred that if the election is held on August 9th, IEBC would have shortened the five-year constitutional term a president is required to serve before exiting office, saying that president Kenyatta was sworn into office on November 28th, 2017.
“The 1st Respondent has illegally, unlawfully and irregularly declared, decided, determined and/or directed that the next Presidential Elections be held on the August 9th, 2022,” read court documents.
“The intended presidential election of 9th August is imposed on the people of Kenya through an administrative fiat of the IEBC and therefore illegal, irregular and illegitimate.”
Njoroge also accused the electoral commission of illegally, unlawfully, and irregularly procuring costly hardware, software materials, and personnel to be deployed in this year’s election.
But in a ruling on Thursday, Justice Anthony Mrima noted that elections are a historical event clearly stipulated in the Constitution to be held on the second Tuesday of August every fifth year.
“Constitution makes it unnegotiable that as far as general elections all should be held simultaneously. The constitution cannot subvert itself,” Mrima ruled.
