Editor's Review

In his petition to the court, the former legislator argued that the Independent Electoral and Boundaries Commission (IEBC) was not properly constituted when the declaration of poll date was made.


Former Nominated Senator Paul Njoroge has today, September 6, 2021, filed a petition in Court seeking postponement of the next general elections.

In his petition to the court, the former legislator argued that the Independent Electoral and Boundaries Commission (IEBC) was not properly constituted when the declaration of poll date was made.

According to the petitioner, IEBC lacked the quorum of a minimum 4 to 5 commissioners to deliberate and declare the appropriate electioneering date.


File image of former Nominated Senator Paul Njoroge. |Courtesy| Twitter|

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Njoroge wants IEBC to change the election date from August 9, 2022, to August 2023, arguing that President Uhuru Kenyatta will not have served 10 years as Head of State since he first assumed office in March 2013.

He also noted that August 2022 will not be five years since President Kenyatta was sworn in on November 28, 2017.

The former lawmaker cited Article 147 of the Constitution of Kenya 2010 which states that the term of a president shall run for five years from the date of swearing-in.

Therefore, Njoroge argues that President Kenyatta's term will expire on November 27, 2022.

On August 3, 2021, he wrote to IEBC and Attorney General Kihara Kariuki, when he served them with a 30-day notice to postpone the election date, failure to which he would sue.

"Thus if the elections are to be conducted on 9th August 2022, as you have indicated, It means that the current president shall have been denied over 4 months of his term which is unconstitutional," Njoroge said in his letter to IEBC and AG Kihara.