Forum for Republican Democracy (Ford) party has taken to court to challenge the election day set to be in 2022.
The political party wants the general election to be held in 2021 since the five-year term of all elected leaders ends next year and so the elections should be conducted on August 8, the same year.
According to Ford, the elected leaders which comprise of the President, Governors, Senators, Mp's and MCA's started their term in August 2017 thus they are starting their fifth year in August 2021.
Lawyer Kamau Nyaga who represents Ford says that the elected leaders will have served six years which is illegal.
“We will be going against the Constitution by insinuating that elections in Kenya will be held in August 2022 and not August 2021,” the papers filed yesterday read.
General elections are supposed to be held the second Tuesday of August in the fifth year after general elections.
This is not the first petition on election date to be filed at a court of law. In 2012, former MP Harun Mwau and lawyer Mugambi Imanyara filed a petition that saw the election date set to March 4, 2013.
This made the citizens go for an election four months earlier.
Judges; Kalpana Rawal, David Maraga, Hannah Okwengu and Erastus Githinji made this ruling that saw the termination of Raila and Kibaki's coalition government.
Justice Martha Koome opined that elections should be held 60 days before the Parliament term expires and should held not beyond January 15.
“In my view, dissolution of Parliament 60 days after the expiry of its term extends its mandate beyond five years, hence violating the Constitution,” Koome said as quoted.
Ford pointed fingers on IEBC and Attorney General, who are respondents in their filed case, for failing to state the election dates properly.