The Bill’s architect Justice and constitutional affairs minister, Mutula Kilonzo is indeed on record vowing that he will not withdraw the Bill and hopes that it will be debated and passed by parliament to see the Constitution of Kenya 2010 being amended over the general election date’s equation.

When making the ruling, the High Court declined to give a definite date for the next elections, placing the task in the hands of President Kibaki and Prime Minister Raila Odinga’s grand coalition government of whose dissolution would determine the date if both principals agreed to dissolve the government in writing.

The High Court ruling immediately threw speculation into the works that the decision may have given inadvertent advantage to Premier Raila Odinga who is contesting for the presidency in the next general elections over the other candidates – that he could use the opportunity to determine the general elections date to his advantage.

However, Mr. Odinga immediately denied that he would do so, but instead promised to have consultations with President Kibaki over the matter before making public their decision if they indeed reached one.

The Constitutional Court of three judges bench made the declaration that unless the two principals dissolved the grand coalition government by the end of October this year, the next general elections could take place in March 2013 after the expiry of the current parliament’s life span.

The Justices David Majanja, Mumbi Ngugi and Isaac Lenaola ruled that should President Kibaki and Premier Odinga decide to terminate their political marriage that was negotiated by former UN Secretary General, Koffi Annan, the general electioneering date would depend on the lifespan of the tenth parliament which is supposed to expire in January 2013.

The matter had been brought to the High Court to determine the electioneering date by assistant minister Harun Mwau, Lawrence Gumbe, Mugambi Imanyara and Martin Gitonga who had separately placed before the judges two options for the elections that is on August 14, 2012 as stipulated by the constitution and March 2013. The cabinet is seeking to have the elections on the third Monday of December in the fifth year after the last general elections.

In their ruling, the Judges declared: “We are conscious that our findings may be un-popular with a section of Kenyans who have preconceived notions about the elections but we hasten to remind Kenyans that our undertaking is not to write or re-write the Constitution to suit popular opinion. Our responsibility is to interpret the Constitution in a manner that remains faithful to its letter and spirit and give effect to its objectives.”

The judges were emphatic that the dissolution of the grand coalition government that was established by the National Accord dated February 28, 2008 was the most critical key determinant of the next general elections date.

It (grand coalition government) can only be officially when either of the two parties involved in the coalition, that the Orange Democratic Movement (ODM) and the Party of National Unity (PNU) principals agree in writing to do so or one coalition partner decides to pull out of the mediated political arrangement.

The judges ruled that: “If the elections are to be held in 2012, it must be done within sixty days upon the dissolution of the National Coalition Government through written agreement between the President and the Prime Minister in accordance with Section 6 of the National Accord and Reconciliation Act.”

Therefore it means that if the two principals do not dissolve the grand coalition government by October this year, the other remaining option is for Kenyans to go the polls in March next year since even if the government is dissolved in October, the law stipulates that the elections should be held after a period of three months.

The judges stated: “The 5^th anniversary of the day the 10^th parliament first sat is designated by a legal notice as January 15, 2008. Therefore the term expires on January 14, 2013 and the elections shall be held within 60 days from January 15, 2013.”

This state of affairs elicited mixed reactions from the country’s political class and the general public with most of the political class rooting for elections in 2013 which would mean an extension to enjoy their salaries and perks, while the general public is rooting for elections this year to elect a new leadership for the country under the new devolved governance structures.

However, despite this development the Cabinet is still stuck with the December election date although the High Court has ruled that the term of the current Parliament ends on January 14, next year. This effectively means that the term of the Tenth Parliament would be cut short by four weeks.

Justice minister Mutula Kilonzo on now says that he would only withdraw the Constitution of Kenya Amendment Bill 2011 which seeks to fix a December 17 election date if there is an appeal against the court decision.

The minister insists that although the High Court had put out an opinion, the date of the coming General Election must be anchored in the law, through a constitutional amendment. The minister argues that even if the President and Prime Minister agreed to dissolve the coalition, there would still be uncertainty on the lifespan of subsequent parliaments.

Says Mr. Kilonzo: “While I respect the court decision and which I am going to obey, the solution to this lingering question will be to amend the Constitution and offer Kenya and other parliament’s certainty. Since the two had already agreed (on a December election) I hope the country will rally behind them to avoid uncertainty.”

He said subsequent parliaments might cite the Friday ruling to push for full five-year terms starting from the date of election, and therefore, defeat the August date in the Constitution. Article 102 says the term of each House of Parliament expires on the date of the next elections. The court on Friday held that President Kibaki’s term expires on December 29.

But Article 262(12) says President Kibaki and Prime Minister Raila Odinga will continue in office until the first General Election held under the new Constitution unless they agree to dissolve the coalition or vacate office.  But Mr. Kilonzo proposes that the elections be staggered if Parliament insists on a 2013 poll.

He has suggested that the presidential election be held in December while those of MPs, senators and county assemblies follow in March next year. The minister has tabled the amendment Bill in Parliament and debate is expected in March after public discussions and input.