The High Court has delivered a ruling on a petition to have the August 9, 2022, General Elections postponed.
Former nominated Senator Paul Njoroge had asked the court to push the polls to 2023, arguing that the August 9 date was imposed on Kenyans through an authoritative decree.
Njoroge claimed Uhuru and Ruto’s terms will not have lapsed by the August 9 date set by IEBC as their Constitutional terms arithmetically and logically lapse on November 2022.
The former lawmer said the election date has a direct and adverse bearing on the country’s public finances and on the other levels of governance, including the county governments.
However, Justice Anthony Mrima dismissed the petition terming it “untenable” since the date -August 9, 2022 – has already been defined and stipulated in the constitution.
“It can be discerned that the petitioner is calling upon the court to adjust the date of the General Election. It is untenable attempt. Supremacy of the Constitution is not subject to change by any court. The Constitution cannot subvert itself,” said the judge.
Justice Mrima in his opinion quoted Article 136(2)(a) of the Constitution, which provides that “an election of the President shall be held on the same day as a general election of Members of Parliament, being the second Tuesday in August, in every fifth year.”