Parties' leaders have to survive aftermath of nominations

Elgeyo Marakwet Senator Kipchumba Murkomen at County Hall in Nairobi on July 28, 2016. PHOTO | EVANS HABIL | NATION MEDIA GROUP

What you need to know:

  • Parliament’s Justice and Legal Affairs Committee moved to legalise party-hopping by striking out a provision in the law it claimed was not possible to enforce to force defectors to face by-elections on the tickets of their new parties.
  • Politicians, especially the owners of the main political parties, namely the emergent Jubilee Party and its counterparts that make up the Coalition for Reforms and Democracy, are in that cycle when they have to survive the aftermath of nominations.

Listen to Deputy President William Ruto’s foremost surrogate, Elgeyo Marakwet Senator Kipchumba Murkomen: “Some parties are planning to scavenge from fallouts from the nominations by the main parties and we are telling them that we have proposed legislation to ensure this door is closed to party-hoppers”.

That was last week. But remember that last January at the height of the Malindi parliamentary and Kericho senatorial by-election campaigns, Parliament’s Justice and Legal Affairs Committee moved to legalise party-hopping by striking out a provision in the law it claimed was not possible to enforce to force defectors to face by-elections on the tickets of their new parties.

What has changed? Nothing. It is just that politicians, especially the owners of the main political parties, namely the emergent Jubilee Party and its counterparts that make up the Coalition for Reforms and Democracy (Cord), are in that cycle when they have to survive the aftermath of nominations. Yes, nominations, often shambolic, manipulated and money mints for owners, wreak havoc on parties ahead of elections.

They wreak havoc because losers decamp to new parties and run against those they should have rallied around to ensure their party beats the competition. Often losers claim the nominations were rigged. They wreak havoc because party high commands run charades or mock competitions when they have favourites and to whom they have already given certificates.

Therefore nominations, instead of strengthening parties going into general elections, cause instability, splinter the unions and alienate rank-and-file from the high commands. With the next General Election slated for August 8, 2017, and with the governing constellation – the Jubilee Alliance – transforming into a giant party, President Uhuru Kenyatta and Mr Ruto seem keen to keep bruised party egos in the tent through outlawing party-hopping.

COMMON GROUND

It is a matter on which the Orange Democratic Movement (ODM) and its Cord affiliates may find common ground with Jubilee. ODM leader Raila Odinga has meddled in many a party nomination, especially in his Nyanza backyard. He is already regarded with suspicion by ODM aspirants for gubernatorial seats in Kisii, Taita Taveta, Kisumu, Siaya, Homa Bay, Kakamega, Busia and Mombasa counties who accuse him of plotting to hand direct nominations to the incumbents.

So how could new legislation stop the prostitution, adultery and polygamy so embedded in Kenya’s party politics? Have a look at some of the proposed pieces of legislation:

- The Independent Electoral and Boundaries Commission (IEBC) conducts and supervises nominations at the request of parties;

- Nominations to be held 60 days to a General Election;

- The IEBC publishes dates of nominations for all parties in TheKenya Gazette;

- Parties forward to the IEBC the names of the candidates for nomination 14 days prior to the exercise;

- Independent candidates forward their names to the IEBC 14 days before the nomination date in the same manner as party candidates; and

- Names of candidates forwarded to the IEBC cannot change parties thereafter.

If these six provisos become law, it means that, one, nominations for all parties will be held on the same day – 60 days before a General Election – and that once one’s name is forwarded by a party for nomination one will not defect to another party after the nomination.

Two, a losing candidate cannot offer himself or herself to run as an independent. Three, the safest step to take right away would be for one to become an independent and avoid party nomination heartache and heartbreak. Such legislation may lead to the rise of independents.

Four, the desperation of the party high commands to keep all in-house and enforce discipline and loyalty, no matter the outcome of nominations, comes through loudly in the proposed legislation. It brings to question the maturity of the Kenyan party, politician and, therefore, democracy.

Five, will the IEBC be keen to snuggle closer to the political parties in the duvet of internal elections on the road to a General Election? I fear it will be unwise. The reputation of the polls umpire will be dragged through the muck of party politics just 60 days before its core assignment.

Last, this is legislating for political convenience and expediency of the President, his Deputy and the ascendant political class ahead of the next General Election and not for posterity.