Petition to dismiss August elections dismissed by High Court

Former nominated Senator Paul Njoroge quest to have the August 9, 2022 General Elections postponed to 2023 has been dismissed.

Voters queue at a polling station at Mutomo primary school in Kiambu on October 26, 2017, as polls opened for presidential elections. (Photo by SIMON MAINA/AFP via Getty Images)

Former nominated Senator Paul Njoroge quest to have the August 9, 2022 General Elections postponed to 2023 has been dismissed.

Justice Anthony Mrima described the petition as "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 Justice Mrima.

According to Njoroge, 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 Senator avers that the August 9 date was imposed on the people of Kenya through administrative fiat and 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 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."

The judgement matches with what IEBC chairman Wafula Chebukati, said in regards to the August 9 elections stating the date has been stipulated in the Constitution, but the electoral company will abide by any variation of the law.

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