Mutula urges House to back poll date Bill

Justice minister Mutula Kilonzo has implored MPs to accept the Cabinet-sponsored Bill to alter the election date and have the country go to the next polls on the third Monday of December 2012.

In a painstaking appeal to an attentive Parliament, the minister told the lawmakers that his role was to give the country credible polls and avert a bloody post-poll crisis similar to the one witnessed after the last General Election in 2007.

He urged House Speaker Kenneth Marende to admit the Bill in the House and after that, he would use the 90 days to convince the public on the way forward.

“All of us sitting here, except Mr Cyrus Jirongo, now comprise a grand coalition government that was formed through a constitutional amendment in 2008. That was necessitated by a flawed what? A flawed election,” said Mr Kilonzo.

"It is important that the country listens to me. If you want to oppose this Bill, please speak out loudly, so that when the hour of reckoning comes, we’ll remind you what you said."

The minister said MPs were wrong to label the Constitution of Kenya (Amendment) Bill, 2011 as an “omnibus” because the theme of the Bill was on elections and every amendment touched on the election.

He added that there was no mischief in the way the Bill had been presented and asked MPs not to push him to separate the Bill.

“Is this Bill a trick? No, it is not. I am not clever enough to trick this chamber or the whole country,” said Mr Kilonzo. “The mere fact that these are different provisions of the Constitution (does not mean we separate the amendments, because the theme deals with elections). If you strike one down, you will have to be ready for the consequences.”

He told MPs that their argument --that the amendment had to wait for the court ruling on the election date, because doing otherwise will offend the doctrine of separation of powers—was erroneous because it does not offend article 256, which describes how amendments to the Constitution will be carried out.

He said that even after the courts determine the election date, the government will still have to work on how the polls will be conducted.

“Courts of law have never and will never organise elections. It is always the Executive that does that. You can’t hide under the skirts of the Judiciary. You will still take the responsibility for the elections,” said Mr Kilonzo. “This country is not ready for elections in August.”

He termed his Bill as the “best structured Bill.”

But MPs Martha Karua (Gichugu), John Mbadi (Gwassi), Jakoyo Midiwo (Gem) Boni Khalwale (Ikolomani), David Njuguna (Lari) all registered their reservations to the Bill.

Ms Karua said the Cabinet had no mandate to amend the Constitution.

"The Constitution can be amended but not for flimsy reasons. We have not even tried to change the Budget cycle to say, around March, so that we’re able to pass the budget cycle in time for August elections,” said Ms Karua. She added that there has to be consensus.

Mr Midiwo added that the minister had to consult all lawmakers before bringing an amendment to the Constitution. He said Kenya “should not bend backwards to accommodate undemocratic states like Uganda” when it came to reading the Budget.

“The incumbency has lost the power to determine the election date, but it now wants one more chance, just one more chance, by sneaking an amendment to the Constitution through the backdoor,” said Karua.

“Nowhere in the world has the term of Parliament been interpreted to be outside the election date. If the term is four years, elections have to be held within that time. Any interpretation outside that will lead to an absurdity.”

The Speaker will make a ruling on the matter on Tuesday afternoon.