COTU SecretaryGeneral Francis Atwoli has hinted at a plan to postpone the 2022 General Election if the BBI bill is not passed on time for Kenyans to participate in a referendum.
Speaking to the press on Thursday morning, Atwoli said that if appealing the BBI judgment through the courts does not bear fruits, then there will be a need to postpone the General Election until the constitution is amended.
“Any judge in the court of appeal who is worth their salt, independent in thinking, and qualified to make a determination will save the opportunity to BBI,
“ If anything happens and they still give an unfavourable judgement, we will still move to the Supreme Court,
“If we can not get it (favourable judgment) then we will have to start it afresh. And we will also appeal through parliament to extend the elections by even one year until we get BBI,“ Atwoli said.
The 2010 Kenyan Constitution sets the date of the election for Members of Parliament (including senators and Women representatives), the President, Members of County Assemblies and the Governors as second Tuesday, August – every fifth year.
Therefore, the only way to extend the term of office of elected leaders is when Kenya is at war as envisaged under Article 102(2).
Even then, it is only possible to extend for a maximum of 12 months upon which a General Election has to happen.
Calls to have the 2022 General Election to pave way for the planned constitutional change which must happen through a referendum have been drawing mixed reactions and it remains to be seen how the same will happen given the current constitutional dispensation.
The sentiments by Francis Atwoli have attracted a reaction fro Nominated Senator Millicent Omanga.
Before Atwoli’s revelation, both Raila and Uhuru expressed confidence that they are going to salvage the BBI process through the courts.
Days after the High Court nullification of BBI process, Raila told Kisumu residents that he is certain that BBI Raggae will be back.
“Do not be worried about what is happening in the courts. We will ensure the issue is sorted out so that we proceed to a referendum. Even in the Bible Ayub was tempted by the devil. We must not lose hope because in the end, we will defeat the enemies of the reforms agenda because nobody can stop reggae, ” he said.
In his tour to the Nyanza region ahead of the Madaraka day celebrations, Uhuru also assured Nyanza residents that they will salvage BBI.
He said that they are equipped with powerful lawyers such as Siaya Senator James Orengo, who will handle the court process and restore the Raggae.