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Attorney General Kihara Kariuki has opposed a petition filed by former senator Paul Njoroge which seeks to postpone next year’s general election saying it is fatally defective and lacks merit.

The AG through Senior state counsel Patricia Chibole  wants  the said petition dismissed on grounds  that the petitioner has not demonstrated how he will be affected if the polls are held as scheduled.

“The petitioner must demonstrate a real danger so imminent and evident, true and actual and not fictitious, for the court to intervene,” argues the AG.

The ex-senator wants the court to issue an order postponing the August, 2022 General Election saying decision of the IEBC to hold and conduct the Presidential Election of 9th August, 2022 is illegal, irregular and null and void.

He contends that at the time IEBC made the declaration and direction that the next Presidential Elections be held on 9th August, 2022 it was improperly constituted as it did not have a substantive Chief Executive Officer (C.E.O)/Secretary.

The AG however argues that ex-senator has not demonstrated any prejudice or irreparable harm, damage or injury likely to be suffered if the polls are not pushed to a later date.

In the case to be mentioned before High Court Judge Anthony Mrima, Kihara argues the petition offends the provisions of Article 136 (2) (a) of the Constitution of Kenya 2010 which provides that an election of the President shall be held on the same day as a general election of 
Members of Parliament, being the second Tuesday in August, in every fifth year.

According to the AG, IEBC is within their constitutional mandate to declare the next presidential elections as August 9, 2022 and the commission Act Section 7 (3) provides that the commission shall be properly constituted notwithstanding a vacancy in its membership.

He further adds that the allegation by the senator Njoroge that the IEBC does not have the requisite proper quorum is based on assumption and without any tangible proof of breach of any legislation.