Activist Okiya Omtatah on Friday filed a petition seeking to have the General Election held in 2021 instead of 2022.
The activist, who spoke on phone with Kenyans.co.ke, clarified that his move was based on what the Constitution stated in regards to holding elections in the fifth year.
"I am not seeking to change the date. What I am doing is in line with what is in the constitution which clearly states that the elections are held on the second Tuesday of the fifth year.
"People are contradicting the law by stating that elections are held after 5 years, which is wrong," remarked Omtatah.
Omtatah further stated that the respondents should do their maths well by counting the years correctly.
Based on the IEBC's election calendar, Kenyans are set to go to the polls on August 9, 2022, which will be five years plus one day after the August 8, 2017, elections.
This means that the day will be in the sixth year which forms the basis for Omtatah's argument.
A similar argument emerged in 2017 over whether the election was held in August or October.
The debate is based on the ruling that was issued by the Supreme Court that nullified the disputed August 8 Presidential elections.
The court sent the country back to the ballot box on October 26, where Uhuru Kenyatta was declared as the winner.
While some believe in the August 8 election, others argue that the October 26 presidential poll was the valid one, hence the August 9, 2022, date falls within the five years stipulated in the Constitution.
The argument was further based on the interpretation that the country held a fresh election and not a re-run.
