Kibaki stops MPs from watering down poll law

• Move also gives aspirants without degrees chance to seek elective office

President Kibaki has rejected a controversial Bill that would have allowed MPs to change parties without losing their seats.

The President also gave politicians without university education, including at least 80 MPs, a reprieve when he rejected the Bill requiring that those seeking elective positions in the Senate and Parliament must have degrees.

President Kibaki explained that he could not sign the Statue Law Miscellaneous (Amendment) Bill because of pending court cases.

Earlier, Prime Minister Raila Odinga and Vice-President Kalonzo Musyoka supported MPs in their fight to drop the degree requirement in the Elections Act which, they said, would marginalise a majority of Kenyans without university education.

However, the two opposed changes to the Political Parties Act that allowed party-hopping.

The President, who received the Bill on Monday morning after arriving from Brazil, held a quick meeting with Attorney General Githu Muigai and acting Head of Civil Service Francis Kimemia.

Case in court

More than 80 MPs who could have been locked out by the degree requirement petitioned the President not to assent to the law. Kangundo MP Johnstone Muthama, one of those to have been affected, filed a case in court seeking to stop the President from signing the Bill.

On Monday, President Kibaki cited this case as a reason to reject the Bill.“The petition is still pending in court. In keeping with the doctrine of the Separation of Powers, matters which are before the Court should not be the subject of legislation by the National Assembly,” he said.

He then recommended that the proposed amendment be deleted from the Bill.

On the Political Parties Act which sought to allow party-hoping, the President reminded MPs that some of their colleagues were facing cases in court over shifting allegiance.

They include Mr Ephraim Maina (Safina) and Gidion Mbuvi (Narc Kenya).

Consequently, he suggested that ‘‘the proposed subsection (1A) be deleted from the Bill’’.

Parliament will now have to consider the President’s memorandum which they can either reject or approve.

Lands minister James Orengo, who had said he would write to the President in protest, welcomed the decision and said it safeguarded democracy.

“This is not about numbers in Parliament. It is about what is right and the two principals have done the correct thing,” he said.

The Friends of Raila (Fora) lobby group had moved to court to block the amendments.

In its petition to Lady Justice Mumbi Ngugi, Fora argued that the Constitution was under threat from “a rogue Parliament intent on robbing Peter to pay Paul.”