Advocates of election date change given fresh chance to table Bill

A Bill seeking to amend the constitution to change the date for the next General Election from August to December got a lifeline, after Speaker Justin Muturi allowed it to be reconsidered.

The Constitution of Kenya (Amendment) Bill by Ugenya MP David Ochieng failed to pass in the House after MPs voted 216 against 28 with four abstentions, therefore failing to reach the required two-thirds threshold.

A Bill of a constitutional nature requires at least two-thirds of the House, or 233 MPs, to pass for debate.

On Thursday, Mr Muturi quoted several commonwealth laws and customs in other countries such as the US, to allow the Bill which had been reject, to be voted once more for the Second Reading.

As opposed to another Bill seeking the transfer of Equalisation Fund, from counties to be managed by constituency Development Fund (CDF) by Samburu West MP Mr Lati Leletit, Mr Ochieng did not seek a revote of the Bill immediately it was defeated.

Mr Ochieng, instead waited until 15 hours later after the Bill had been defeated on the floor of the House, before writing to the Speaker, requesting that the Bill is reconsidered.

OPPOSED CHANGE

Mr Leletit, on his part alerted the speaker immediately the Bill fell by the wayside by seven votes only, with Mr Muturi ruling that it could be voted for again to move to the Third Reading, once Parliament returned from month long recess, in October.

However, it remains to be seen whether Mr Ochieng will be able to muster the required support taken that none other than the leader of his party ODM, Mr Raila Odinga, has opposed the change of the election date.

Several constitutional questions also remain unanswered, such as the fate of the independent electoral and boundaries commission (IEBC) commissioners whose term comes to an end in November 2017, the same year the elections are held.

There is also the question of whether a referendum would be required as the change in polls date, would lead to the extension of the term of the President, which under the constitution would require a plebiscite.

Mr Muturi said in future, for a Bill to be allowed for reconsideration, stringent rules would have to be put in place to prevent abuse by members of such a provision who were likely to present all manner of Bills for reconsideration, even those that do not require a two thirds majority.

However, in allowing for the Bill to be reconsidered, Mr Muturi laid down the rules for future considerations, the mover should move to his or her feet or place immediately the Speaker announces the vote results and seeks the further vote.

The MP behind such a Bill should also get the support of at least 30 legislators who will also be required to stand in their places indicating their support for the further vote.