This archive report was first published on 3 October 2021.
Published on October 3, 2021
Attorney General Kihara Kariuki has moved to dismiss a petition seeking to postpone the 2022 general elections, arguing that the petitioner, former senator Paul Njoroge, has failed to demonstrate how he will be affected if the polls are held as scheduled.
According to the Attorney General, the petitioner must demonstrate a real danger so imminent and evident, true and actual, for the court to intervene.
The former senator wants the court to issue an order postponing the August 2022 general elections, citing that the electoral body was not properly constituted.
However, the Attorney General argues that the petition offends the provisions of Article 136 (2) (a) of the Constitution of Kenya 2010, which provides that an election of the President shall be held on the same day as a general election of Members of Parliament.
He further states that the Independent Electoral and Boundaries Commission (IEBC) is within its constitutional mandate to declare the next presidential elections as August 9, 2022, and that the commission Act Section 7 (3) provides that the commission shall be properly constituted notwithstanding a vacancy in its membership.
