Chesoni: 2013 polls will keep Kenya stable

A member of the Committee of Experts that drafted and harmonised the Constitution has supported the High Court ruling that the next General Election ought to be held in 2013.

Ms Atsango Chesoni, who served as the vice-chairperson of the committee, said CoE had all along recommended that elections be held after the expiry of the current Parliament if the Constitution stood a chance of being passed.

“We knew that we risked giving MPs a reason to oppose the Constitution if we shortened their terms and therefore we recommended that the first elections under the Constitution be held after the expiry of the term of the current Parliament,” she said.

She was commenting on Friday’s advisory by the High Court that put the election within 60 days after January 14, 2013, a decision that has been received with mixed feelings by the public and MPs.

Cabinet last year decided to move elections to December, saying it was impractical for them to be held in August as stipulated in the Constitution.

It cited a short preparation period and clash with the Budget cycle as the main reasons. However, some termed the decision a violation of the new laws.

Amid intense public resistance to the idea, Kilome MP Harun Mwau and city lawyer Harun Ndubi sought the court’s clarification.

The two wanted an amendment that would fix the election date in December and were later enjoined in the case by Prof Larry Gumbe and Mr Martin Muthoni Gitonga.

But Ms Chesoni agrees with the court’s ruling – however unpopular it might seem.

“The transitional clauses are meant to secure a smooth transition and stable country; well organised elections is one key element of it,” she said.

In their ruling, High Court judges Mumbi Ngugi, David Majanja and Isaac Lenaola opined that elections should be held early next year when the life of the current Parliament comes to an end. Under the Constitution, elections will then be held 60 days after this date.

However elections can still be held this year should the two principals, President Kibaki and Prime Minister Raila Odinga, decide to dissolve the coalition. Observers say that this possibility is highly unlikely due to the political implications of it.

The Sixth Schedule, which contains the transitional and consequential provisions, has been the source of most constitutional controversies and debates since August 27, 2010 when the Constitution was promulgated.

Disregarded

However, Ms Chesoni says some of the contentious clauses were brought about by MPs who disregarded CoE recommendations when they were harmonising the draft constitution in Naivasha in 2010.

“For example, CoE had recommended that the Interim Independent Electoral Commission be retained to handle the coming elections but the MPs preferred to have it disbanded.

“We understood that it would require time to organise such a complex election but they didn’t.”

The IEBC was reconstituted almost six months behind schedule and its chairman, Mr Issack Hassan, has stated that it is almost impossible for elections to be held in August, citing inadequate time to prepare for them.