The High Court has dismissed a petition to postpone the next elections on the grounds that President Uhuru Kenyatta’s five-year term will not be served.
Former nominated Senator Paul Njoroge’s appeal, according to Justice Anthony Mrima, was a “untenable” attempt to change the date of the General Election (August 9, 2022), which is established 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 Justice Mrima.
Since President Kenyatta and his deputy William Ruto were sworn-in on November 28, 2017, the former Jubilee Party senator stated that holding the election on August 9, 2022 would have cut President Kenyatta’s and his deputy William Ruto’s five-year term.
Their five-year constitutional terms would not have expired by the time of the next Presidential Elections, he claiming their tenure should be extended.
The term of office, in his opinion, “is supposed to run for a period of five years unless such period is interrupted within the term by only limited clear laid down grounds including mental or physical incapacity to perform the constitutional functions of the respective offices or vacancy arising either from death, resignation of the office bearers or any other reason contemplated within the Constitution.”
However, Justice Mrima held that the General Election date, which is set in the Constitution as the second Tuesday of the fifth year, cannot be changed due to events that occur in the meantime.
