Bill Extending Election Date Extends Term of the President, Requires a Referendum

The Coalition for Constitution Implementation (CCI) and partners condemn with strongest possible terms the Bill now before the house seeking to among other things extend the election date from August to December and also extend the term of IEBC Commissioners contrary to the Constitution.

CCI believes that extending the election date is tantamount to extending the term of the President and must therefore be ratified through a referendum as stipulated in article 255 of the Constitution of Kenya that state that a proposed amendment to the Constitution of Kenya 2010 must be approved by a referendum if the amendment relates to the term of office of the President.

CCI further state that a proposal to extend the term of the IEBC commissioners contradicts the same article 255 that states that a proposed amendment to the Constitution of Kenya 2010 must be approved by a referendum if the amendment relates to the independence of the Judiciary and the Commissions and Independent offices to which chapter 15 applies. The chapter 15 commissions include the IEBC. Furthermore the IEBC commissioners are yet to answer to corruption allegations against them and they deserve prosecution not term extension.

CCI therefore warns the National Assembly against usurping the role of the people by purporting to extend the term of the President and that of the IEBC commissioners as the law is very clear in article 1 that all sovereign power belongs to the people of Kenya.

The MPs risk being sued individually for failing to defend and respect the Constitution of Kenya as stipulated in article 3 of the Constitution of Kenya that states that every person has an obligation to respect, uphold and to defend the Constitution of Kenya and that any attempt to establish a government otherwise than in compliance with the Constitution of Kenya is unlawful. Any government that shall be in office beyond August 2017 shall be an unlawful government hence the MPs shall be committing treason.

CCI Steering Committee

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