Political parties gang up to block MPs’ recall

Kenya's main political parties have ganged up to delete proposals allowing voters to sack non-performing MPs.

Coalition partners PNU and ODM have agreed to push for the clause to be removed from the draft constitution.

The Saturday Nation learnt that the management committee on the affairs of the grand coalition is also opposed to another clause proposing a radical surgery of the judiciary.

A member of the six-man technical committee seconded to the management committee said they were under firm instructions to do away with the two clauses in the refined document the grand coalition government intends to present to the committee of experts on December 17.

The electorate

The harmonised draft indicates in Article 131 that the electorate have the right to recall their MPs elected before the expiry of their term. Article 131(2) requires that parliament enacts legislation to provide for the grounds on which a member may be recalled and the procedure to be followed.

While MPs will have little say on the final draft when the process gets to the House early next year, they may recommend amendments through a two-thirds majority vote of all members. Having the majority of MPs in parliament, ODM and PNU can therefore marshal the numbers and have the clause on the recalling of legislators deleted.

But the two coalition partners are still heavily divided on the principle of equality of vote which seeks to address the disparities in population per constituency.

According to our sources in the technical committee, one wing of the grand coalition wants the principle clearly stated in the draft constitution before it is subjected to the national referendum in April next year.

Deputy Prime Minister Musalia Mudavadi, who co-chairs the management committee alongside fellow deputy Prime Minister Uhuru Kenyatta described the process of consensus building among the two coalition partners as “bumpy”.

“It will be a bumpy process, I can readily tell you that there is some forward movement but there are still some areas which need polishing,” Mr Mudavadi told journalists at a press conference to announce cabinet’s approval of the Local Government Amendment Act.

All the ministers are unanimous that we must remove that clause touching on the recalling of MPs, they don’t want to hear of it,” said our source in the six-member committee who cannot be named because he is not authorised to discuss its deliberations.

The six-member team has been set up to study the document which the two coalition partners intend to present to the Committee of Experts and remove any contentious issues.

Refined document

Prime Minister Raila Odinga’s advisor on the grand coalition affairs Miguna Miguna, his private secretary Karoli Omondi and law lecturer Mutakha Kangu are representing ODM on the team while PNU is represented by Justice Minister Mutula Kilonzo, the Ministry’s Legal Affairs secretary Gichira Kibara and Kanu organising secretary Justin Muturi.

The technical committee has up to Tuesday to present the refined document addressing the three issues still outstanding to the management team.

Besides Mr Mudavadi and Mr Kenyatta, other ministers who sit on the management committee are Prof George Saitoti, Prof Sam Ongeri, Dr Sally Kosgey, Mr William Ruto, Mr James Orengo, Mr Kilonzo and Mrs Charity Ngilu.

Controversy over the clause on the recalling of non-performing MPs has always dogged the country’s attempts to review the constitution.

It first emerged during the Bomas conference with the majority of MPs openly resisting it. Some MPs argue that the law is subject to abuse while others fear that it may compromise their access to mortgages and car loans which are normally tied to their five-year term.

MPs can only be removed from office through death, bankruptcy, incapacitation, a successful election petition or if they miss eight consecutive sittings of the House without the permission of the Speaker.

Last week’s ODM National Executive Committee (NEC) meeting chaired by the PM in Mombasa is said to have resolved to push for the deletion of the clause and this quickly found favour with their PNU counterparts when the matter came up within the management committee’s deliberations last week.