MP seeks to move elections date from August to December

A fresh bid to have the date of the general elections changed from August to December has been mooted.

The draft Constitution of Kenya (amendment) Bill 2017 by Kiminini MP Chris Wamalwa seeks to have the date of the general elections for president, governors, senators, MPs and MCAs moved from the second Tuesday of August every fifth year to the third Monday in December every fifth year.

The draft bill according to the Ford Kenya MP wants the general elections held on a date “that would be more favourable to Kenya’s circumstances.”

SUPPORT

“The amendment is to ensure that the date of elections reflects the unique circumstances and traditions of Kenya,” Dr Wamalwa says, adding that he is already reaching out to his colleagues for support.

To sail through, the bill requires the support of at least two thirds – 233 – out of the 349 MPs.

The Kiminini MP is targeting amendments to Articles 101 on election of MPs, 136 on the presidential election, 177 that deals with MCAs and 180 of county governors.

Speaker of the National Assembly Justin Muturi has already approved the draft bill to be considered by the MPs when they resume sittings on November 29. The MPs are currently on a short recess.  

However, constitutional and governance expert Barasa Nyukuri  argues that Dr Wamalwa should have paid attention to the debate on a similar bill tabled by former Ugenya MP David Ochieng’ in the last parliament.

“He has missed the point. He should have focused on the election system because that is the elephant in the room,” Mr Nyukuri said.

EXTEND TERM

Like Mr Ochieng’s bill, the new bill is likely to run into constitutional pitfalls as it seeks to extend the term of the president and the other positions by four months, Mr Nyukuri argued.

The University of Nairobi don Herman Manyora, on the other hand, argues that only a referendum will suffice.

“Only Kenyans can extend the term of the president. Not MPs,” Prof Manyora says.

Mr Ochieng’s bill failed twice, in 2014 and 2015 after MPs opposed to it argued that it was tantamount to extending the term of President Kenyatta and that of MPs without going through a plebiscite.

The bill failed to get the requisite quorum of at least two thirds majority.

However, it remains unclear if the MPs will back the proposal this time round considering that the opposition Nasa, the coalition that Dr Wamalwa belongs to, is pushing for constitutional changes and electoral reforms through the People’s Assembly.