Tuesday, August 10, 2021 – Retired Chief Justice David Maraga has waded into the murky debate on whether or not to postpone the 2022 General Election.
Speaking during an interview yesterday, Maraga dismissed forces pushing to have next year’s General Election postponed, terming them as selfish.
He argued that postponing the election would amount to an extension of President Uhuru Kenyatta’s term in office, a decision that, he said, would require a referendum.
“The Constitution limits the term of the president to two terms of five years.”
“You can’t extend the term of the President even for one day.”
“That will require a referendum.”
“The Constitution also limits the term of Parliament to five years,” said Maraga.
Maraga, who was not in good terms with President Uhuru Kenyatta during his tenure as the Chief Justice, faulted the discussion saying there was “nothing exceptional” to warrant the change of election date.
“It can only happen in very exceptional circumstances that is in case of war or a state of emergency.”
“One cannot argue that elections date should be extended because of the Building Bridges case is in court,” he said.
Leaders allied to Uhuru are pushing to have the 2022 polls postponed to allow for constitutional reforms through BBI, but Deputy President William Ruto’s allies have vehemently opposed it, saying elections must be held as per the constitution and Uhuru must give way when the time comes.
IEBC Chairman Wafula Chebukati has ruled out the possibility of postponing the election, saying the election will be held on August 9, 2022, as provided for in the Constitution unless the courts rule otherwise.
The Kenyan DAILY POST