Iebc Press Release on Election Date

8/2/2019 Iebc Press Release on Election Date

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IEBCPRESSRELEASEONTHEDATEOFGENERALELECTIONS

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FOR IMMEDIATE RELEASE

THE DATE OF THE GENERAL ELECTIONS

The Independent Electoral and Boundaries Commission (IEBC) is constitutionally

mandated to conduct elections and referenda in the country. According to the

Constitution, the elections of the President, Members of Parliament and of County

Assemblies are to be held on the same day.

In determining the date of the first general elections under the Constitution, the

Commission is guided by the Constitution, the Elections Act, 2011 and the

Constitutional Court Judgment delivered on January 13, 2012 in Constitutional

Petition No. 65 and 123 of 2011. The Judgment though appealed against has

neither been stayed nor overturned. The Judgment gave two possibilities on the

date of the first general elections under the Constitution:

(a) in the year 2012, within sixty days from the date on

which the National Coalition is dissolved by written

agreement between the President and the Prime Minister

in accordance with Section 6(b) of the National Accord

and Reconciliation Act, 2008;

(b) within sixty from the expiry of the term of the National

Assembly on 15th

January , 2013


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Of the two Options, Option A is outside the control of the Commission; it requires

a joint agreement in writing by the two Principals.

The Commission has consulted widely within and without, and in particular, it has

consulted the two Principals with the view to actualize Option A of the Court

Judgment. It should be understood that this Commission has repeatedly stated that

it is ready to conduct the general elections in December 2012. However, after these

consultations, it has become clear to the Commission that there is no agreement

between the two Principals as required by the Court Judgment under Option A.

In the circumstances, the Commission is therefore compelled to proceed with

Option B of the Court Judgment which requires that we fix an election date within

60 days from the expiry of the term of the 10th

Parliament i.e. on March 14, 2013.

As we know, successful and credible elections are deliberate designs of

painstaking planning, logistics and collaboration of all key players and

stakeholders. The Commission therefore considered the earliest possible date of

election taking into account certain statutory electoral processes, including:

(i) The requirement that political parties must comply with the provisions ofthe Political Parties Act, 2011 by April 2012, and so far 4 political parties

have complied;

(ii)

The requirement that the High Court shall hear and determineapplications filed in respect of the published Final Report of the

Commission outlining boundaries of constituencies and wards, within 3

months;


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(iii) Procurement of election materials and recruitment of personnel;(iv) The mapping of new electoral units;(v) Voter education on the new electoral units;(vi) Fresh voter registration based on the new electoral units;(vii) Inspection of the Voters Register;(viii) The requirement that political parties should have submitted their party

rules at least 6 months before party nominations. Political Party

nominations should be complete at least 45 days before the election date.

In essence the rules must be submitted to the Registrar of Political Partiesat least 7 and half months before elections;

(ix) The requirement that political parties submit their party membership liststo the Commission at least 3 months before submission of party

nominations to the Commission;

(x) The requirement for potential candidates to refrain from directly orindirectly participating in public fundraising or harambee within 8

months preceding a general election;

(xi) The requirement for public officers intending to contest in the electionsto resign from office at least 8 months before the elections; and

(xii) The requirement for independent candidates not to be members of anypolitical party at least 3 months before the elections.

The need for certainty regarding the date of the general elections is a matter of both

of immense public interest, legal and administrative concern. The Commission

must therefore conform to the rigid legal steps leading to the election date.


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The country needs to know the election date. We must remove the uncertainty,

anxiety and suspense surrounding this date. Taking into account all the above legal

timelines, the Commission hereby announces that the general elections will be

held on Monday, March 4, 2013.

We appreciate and understand that there are Kenyans who may have preferred an

earlier election date, but we call upon all Kenyans to be understanding and support

the Commission in delivering a peaceful, free, fair and credible election.

AHMED ISSACK HASSAN, EBS

CHAIRPERSON

INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION (IEBC)

NAIROBI, SATURDAY MARCH 17, 2012:

Iebc Press Release on Election Date

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