Uchaguzi mkuu Kenya sasa ni Machi 2013

[Askari Kanzu]

Kenya kuandaa uchaguzi Machi 2013

| 13.01.2012 | 10:00 UTC

Mahakama kuu nchini Kenya imeamuru kuwa uchaguzi mkuu wa nchi hiyo utafanywa katika mwezi Machi mwaka 2013, labda tu kama serikali ya sasa ya muungano itavunjwa kabla ya wakati huo. Tarehe ya uchaguzi mkuu, wa kwanza tangu kuzuka kwa ghasia mbaya zaidi za baada ya uchaguzi miaka minne iliyopita, imeibua mjadala mkali baina ya wanasiasa hasimu wakipendekeza tarehe zinazotofautiana kutoka mwezi Agosti mwaak huu hadi Machi mwaka 2013.

Jaji Isaac Lenaola amesema bunge litamaliza muhula wake tarehe 14 Januari mwaka 2013, na uchaguzi utafanywa katika kipindi cha siku 60 kuanzia januari 15 mwaka 2013. Hata hivyo, aliongeza kuwa uchaguzi huo unaweza kuandaliwa mwaka huu katika siku 60 baada ya serikali ya muungano kuvunjwa kupitia mwafaka wa maandishi baina ya rais na waziri mkuu.

Deutche Welle

 

[Kisiya Jr.]

wabunge wa kenya wameiruka katiba waloiapia kuilinda baada ya kutaka uchaguzi ufanyike mwezi August,badala yake uchaguzi utafanyika mwezi januari. katiba mpya ya kenya inataka uchaguzi ufanyike baada ya miaka 5 ila wananchi wanataka uchaguzi ufanyike kwa mjibua wa katiba ilowaweka madarakani.

lpo haja ya serikali za kiafrika kuanza kutekeleza matakwa ya wananchi ili kujijengea imani kwa wapiga kura wao
BBC....

 

[MadameX]

Washaanza tabu tena hawa watu, kila uchaguzi ni balaa.

 

[i411]

Wameona ni heri wale Xmasi vizuri kwanza ndo wakatane mapanga baadaye, First political sense I have hard from Kenya for a while now.....

 

[Michelle]

Kumbe kupata katiba mpya si ishu ishu ni kuifuata sio?? wananchi si walishirikishwa kwenye uundwaji wa katiba mpya,iweje watake tena katiba ya inayotambua miaka minne.....duh, tujifunze kwao... Afrika safari bado ndefu sana!

 

[TUMY]

Ni bora wakamaliza tofauti zao mapema kabisa ili kuondoa uwezekana wa kutokea machafuko kama yale yaliyopita, hawa ni majirani zetu pamoja na kwamba wamekuwa wajanja wajanja na kutuzunguka kwenye baadhi ya mambo ila tunawatakia kheri siku zote.

 

[kshaka]

Hawajairuka katiba, nyie ndio hamuelewi katiba mpya ya Kenya inavyosema. Katiba inasema eti uchaguzi ufanywe baada ya bunge kumaliza term yake ambayo ni miaka mitano. Kwa sababu bunge hili lilianza term mnamo tarehe 13 Januari 2008, term yake inaisha 13 January 2013. Kwa hivyo ukifuatilia katiba vizuri, uchaguzi unafaa uwe baada ya hapo. Alternative inayopatikana kwa katiba ni rais avunje bunge kabla hiyo miaka mitano haijapita. Hapo ndipo uchaguzi utakapoweza fanywa mapema au, kwa sababu Kenya inatawaliwa na "coalition" kwa sasa, accord ambayo inatawala coalition hii ikivunjwa na both parties, tutaweza pata uchaguzi wa mapema. Wakenya sasa wanataka Kibaki na Raila wasikizane wavunje hii accord ili tupate uchaguzi mwaka huu lakini bado hao hawajasema chochote kwa hivyo bado hatujui uchaguzi utakuwa lini. Bearing that in mind, kichwa cha mada hii sio correct. Mahakama kuu haikuamuru uchaguzi uwe Machi 2013, ulikuwa unatoa opinion kuhusu siku zile katiba imespecify uchaguzi unaweza kufanywa ambapo Machi 2013 ni one of the options.

nimeandika hii post nikitumia simu ya mkono, apologies if it's a bit incoherent.

 

[Askari Kanzu]

Hawajairuka katiba, nyie ndio hamuelewi katiba mpya ya Kenya inavyosema. Katiba inasema eti uchaguzi ufanywe baada ya bunge kumaliza term yake ambayo ni miaka mitano. Kwa sababu bunge hili lilianza term mnamo tarehe 13 Januari 2008, term yake inaisha 13 January 2013...

Samuel N. Mwenga, a Kenyan lawyer thinks otherwise. In his article "Elections Must Be Held In 2012, Not In 2013 As The Constitutional Court Ruled" he argues:-

Although the new Constitution stripped the president’s power to dissolve Parliament, and therefore cause new general elections, the new Constitution clearly fixed the date for the general elections for Members of Parliament, to be “on the second Tuesday in August in every fifth year.”

This date is mandatory and automatic under Article 101 of the constitution.

There is no more need for the president to dissolve Parliament in order for elections to take place and neither is such a declaration necessary; the clock starts ticking on the date of elections and on the second Tuesday in August of the fifth year, it’s go back to the people and seek a new mandate for MPs and the president.

Members of the 10th Parliament were elected—and I always use the term sparingly, given some were obviously rigged in, on December 27, 2007. The members were sworn in on that cantankerous 15th day of January, 2008, which means, the next Parliamentary elections must be on August 14, 2012, under Article 101 of the constitution (second Tuesday in August of the 5th year), counting from the date of election, not the date of swearing in.

This is the only interpretation that makes sense and, even though one other might (holding the first elections under the new Constitution in December 2012), all others must be viewed with great suspicion as mischief must be lurking underneath.

Read his point of view (I am sure he is not the only one!)

 

[kshaka]

Samuel N. Mwenga, a Kenyan lawyer thinks otherwise. In his article "Elections Must Be Held In 2012, Not In 2013 As The Constitutional Court Ruled" he argues:-

Although the new Constitution stripped the president’s power to dissolve Parliament, and therefore cause new general elections, the new Constitution clearly fixed the date for the general elections for Members of Parliament, to be “on the second Tuesday in August in every fifth year.”

This date is mandatory and automatic under Article 101 of the constitution.

There is no more need for the president to dissolve Parliament in order for elections to take place and neither is such a declaration necessary; the clock starts ticking on the date of elections and on the second Tuesday in August of the fifth year, it’s go back to the people and seek a new mandate for MPs and the president.

Members of the 10th Parliament were elected—and I always use the term sparingly, given some were obviously rigged in, on December 27, 2007. The members were sworn in on that cantankerous 15th day of January, 2008, which means, the next Parliamentary elections must be on August 14, 2012, under Article 101 of the constitution (second Tuesday in August of the 5th year), counting from the date of election, not the date of swearing in.

This is the only interpretation that makes sense and, even though one other might (holding the first elections under the new Constitution in December 2012), all others must be viewed with great suspicion as mischief must be lurking underneath.

Read his point of view (I am sure he is not the only one!)

Nope, he's wrong and the High Court were very clear about why. I doubt that you've taken the time to read their judgement before declaring that they are wrong on the constitution of Kenya, they know it better than you do. He's wrong because he looks at it with tunnel vision as if the constitution exists in a vacuum One of the conditions of the National Accord and Reconciliation act of 2008 was that this particular parliament must have a full five year term..that was one of the key conditions of the establishment of this coalition government. The judgement from the court says that all subsequent elections must be held in August of the 5th year but because of the establishment of this particular government through the UN brokered National accord, it's conditions must be met.

Even Charles Nyachae, who's the chair of the Constitutional Implementation Commission, has said that the ruling demonstrated the independence and authority of the judiciary in constitutional matters.

 

[Askari Kanzu]

It's all open to debate. That's what legal interpretation is all about. BTW who are you to say that Mwenga has got it wrong?

 

[Saint Ivuga]

willium rutto

 

[simplemind]

Kenya judiciary has come of age especially with regard to the ruling on election date and deputy cj Nancy Baraza's saga

 

[Askari Kanzu]

Still a long way to go though.

 

[Bantugbro]

When it comes to elections Kenya is always a very unstable place...:A S-coffee:

 

[kshaka]

It's all open to debate. That's what legal interpretation is all about. BTW who are you to say that Mwenga has got it wrong?

have you read the judgement?

 

[kshaka]

Still a long way to go though.

yes, we know that, but at least we are moving (in the right direction, i might add). Some other countries around us really cannot say the same, can they?

 

[Askari Kanzu]

yes, we know that, but at least we are moving (in the right direction, i might add). Some other countries around us really cannot say the same, can they?

O really? Of course they can.

 

[kshaka]

O really? Of course they can.

no, some of them really can't!

 

[Askari Kanzu]

no, some of them really can't!

like which one? Listen, don't forget that Kenya is still a poor third world country. It does not help comparing yourself with others in the same boat. You just have to live with that!

 

[EMT]

Nope, he's wrong and the High Court were very clear about why. I doubt that you've taken the time to read their judgement before declaring that they are wrong on the constitution of Kenya, they know it better than you do. He's wrong because he looks at it with tunnel vision as if the constitution exists in a vacuum One of the conditions of the National Accord and Reconciliation act of 2008 was that this particular parliament must have a full five year term..that was one of the key conditions of the establishment of this coalition government. The judgement from the court says that all subsequent elections must be held in August of the 5th year but because of the establishment of this particular government through the UN brokered National accord, it's conditions must be met.

Even Charles Nyachae, who's the chair of the Constitutional Implementation Commission, has said that the ruling demonstrated the independence and authority of the judiciary in constitutional matters.

So, the Accord overrides the provisions of the Constitutions? Or are you saying that in case of any conflict between the Accord and the Constitution, the former should prevail?

Halafu kwenye posts zako unajichanganya. On one hand, you saying the court just provided an opinion which simply mean it may not be binding. On the other hands, you are referring to judgment and ruling which are binding. Which is which?

Mwisho, when does the parliamentary term starts. Does it start on the election date or the date the MP walikula kiapo?