MPs block attempt to amend elections law

MPs in the newly refurbished Chambers during the official opening at Parliament Buildings August 7, 2012.

What you need to know:

  • ODM MPs John Pesa, Nicolas Gumbo and Martin Ogindo thwarts attempt to seek ‘leave of the House’

Three MPs have shot down an attempt by their colleagues to rush through Parliament amendments to the Elections Act to allow legislators keep their seats and change parties until the expiry of their terms in January.

Parliament’s rules require a minimum of three MPs to reject an attempt to rush through any issue by dropping any other business.

ODM MPs John Pesa, Nicolas Gumbo and Martin Ogindo effectively thwarted the attempt to seek ‘leave of the House’ at 11.24 am.

The Bill can only come back to Parliament if the House Business Committee puts it back on the Order Paper for the afternoon session. Still, its proponents would still have to seek the MPs’ permission for it to be debated.

Mr Pesa and Mr Ogindo were among a handful of MPs who opposed the bill at its Second Reading. This was on the basis that the Bill by Chepalungu MP Isaac Ruto was meant to allow party-hopping before elections.

Those supporting the Bill argued that given the lack of democracy within parties, MPs should be free to switch at will.

Hellen Sambili and Muriuki Ruteere said they had been locked out at the party nominations in 2007 and only got to Parliament after switching parties.

Pay democracy price

Peter Munya, F T Nyammo, Dr Nuh Nassir and Isaac Ruto argued that the Elections Act currently restricts freedom of association as guaranteed in the Constitution.

But in opposing the bill, Agostinho Neto, Sospeter Ojaamong  and Mr Ogindo argued that the MPs who risk losing their seats would have to pay the price of democracy.

On Parliament’s agenda of business for the morning, the Elections (Amendment) Bill was scheduled to go through the three readings. The intention was to have it ready for President Kibaki’s assent before Thursday’s deadline.

The introduction of the bill was preceded by a procedural motion asking MPs to reduce its publication from 14 to five days. This was moved by Katoo ole Metito and waved through to the formal introduction in the House.

Four other bills were introduced before MPs were again asked to waive the particular bill past the committee that should look into it. They did this quite fast.

Mr Ruto’s bill is two paragraphs long and is solely intended to remove the requirement in the current Elections Act for a person nominated by a party to contest for election as MP or county assembly to have been a member of the party for at least three months before parties submit their list of candidates.

If passed, it shall be deemed to have come in operation Wednesday.