Elections Bill put on hold

The proposed national law on elections has been put on hold to await a government report on devolution, the Commission for the Implementation of the Constitution has said.

Speaking Tuesday during a media breakfast at Nairobi’s Hilton Hotel, CIC chairman Charles Nyachae said work on the Elections Bill, 2011 will have to wait until the national taskforce on devolution concludes its work, so that the CIC incorporates the proposals for county governments in the Bill.

According to timelines agreed between the CIC, Parliament and the Attorney General, the Bill should have been presented to the Attorney General Amos Wako three days ago, but that has to wait.

“We’ve adjusted the internal timelines because it is necessary to input into the Bill some aspects that touch on devolved governments,” the commission’s chairman said.

“It will be pointless and irresponsible for the commission to rush the Elections Bill without input from the taskforce.”

However, he said that the August 26 constitutional deadline by which the Elections Bill ought to have been enacted will be met, and as such, there was no cause for alarm.

As Mr Nyachae spoke of the delay, Mr Gichira Kibara, the secretary in charge of constitutional affairs at the Ministry of Justice warned that time was running out for the country regarding the preparation for the next polls.

Mr Kibara said international practice stipulated that electoral bodies should have at least 18 months to prepare for the polls, but as it was, “things can get very very serious” if the delay persists.

For now, the Interim Independent Electoral Commission is still in office, with its successor to conduct the next polls –the Independent Electoral and Boundaries Commission—yet to be formed. The Bill to form the IEBC is awaiting the President’s assent.

Mr Kibara said if the situation persists, the country “will have to pay the price for that".

The warning from the Ministry of Justice is a reminder of the chaos and carnage that followed the last elections and a flag that the promise of flawless elections in future as enshrined in the Constitution may not be achieved unless the CIC, Parliament and the Executive expedite the roll-out of the new laws.

“Whether there are deadlines in the Constitution or not; we must prepare for the next elections,” Mr Kibara said.

There has been controversy in government about the election date, with the CIC arguing that the elections should be in August next year, while sections of the Executive and the Legislature insist that the polls should be held in December 2012. Others still insist that the polls have to wait until 2013, when the current Parliament concludes its work.

Mr Kibara said there were more deadlines set out administratively to help roll out the new governance regime, and that it was important to look at those in the Fifth Schedule bearing in mind the implication of not meeting them.

Prof Peter Wanyande, a commissioner of the CIC in charge of devolution, chimed the optimism of his boss, saying there was no cause for alarm, because the law on elections should be in place come August 26 this year.

“Don’t worry. We’ll ensure that all the Bills that are required are on time. We’re in touch with the taskforce on devolution and there’s really no reason to worry from our perspective,” Prof Wanyande said.

The CIC and the Ministry of Justice has organised a conference to discuss these and other issues arising out of the implementation process of the Constitution. The three-day conference will be held next week.