How to count the years to the next elections
The Sunday Nation
Nairobi,
25 March 2012
Every year, many children are denied enrolment into primary school because they are too young. However, their parents do not always understand how the head teachers arrive at that conclusion.
You see, the rules say that a child must be at least six years of age to enter standard one. So what does that mean? If a child was born today (25th March 2012), when would he qualify? Is it in January 2018?
No! In January 2018, this boy will still be less than six years of age. This child will turn six on 25th March 2018 and therefore be eligible for enrolment in January 2019. The confusion arises from the fact that the child will enter his sixth year on 25 March 2017.
We are facing a similar confusion regarding the date of the General Elections: If they are held on 4th March 2012 as announced by the IEBC, when will the poll after that be held? Well the answer is simple: Article 101(1) of The Constitution says it shall be “…on the second Tuesday in August in every fifth year”.
The phrase “in every fifth year” is not as straightforward as many have assumed. The common interpretation is that the life of parliament if 5 years. Thus there have been arguments to effect that the holding the elections on March 4 next year will automatically reduce the life of the next parliament by about six months. This line of thought then concludes that this date is unconstitutional.
However, the truth is that there no Article or Section in the Constitution that says that the life of parliament is five years. I challenge anyone to point it out! The law says that elections will be held “in every fifth year.
Therefore, if we hold elections on March 4, we shall count the years to the next polls as follows (and please allow me to do this step by step in order to make clear to everyone):
· the first year will run from 4th March 2013 to 3rd March 2014;
· the second one from 4th March 2014 to 3rd march 2015;
· the third one from 4th March 2015 to 3rd March 2016;
· the fourth one from 4th March 2016 to 3rd March 2017 and finally;
· the fifth year will run from 4th March 2017 to 3rd March 2018.
Therefore, “the second Tuesday in August in every fifth year” is 8th August 2017. Holding the elections on that day will not in any way breach the constitution as it is presently.
Those who claim that the life of parliament is being reduced simply don’t know how to count! The fact remains that even if the next elections were held on 7th August 2013, there would still be another national poll on 8th August 2017!
Notwithstanding the above arguments, I must reiterate that I see no constitutional basis for holding elections in March 2013. My reasons were published in the Sunday Nation of 7th August 2011.
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