MPs hold key to December elections

MPs hold the key to a December General Election. The Constitution of Kenya Amendment Bill, 2011, which seeks to amend the Constitution to pave the way for a December 17 date, is still before Parliament.

The government-sponsored Bill was introduced by Justice minister Mutula Kilonzo last November and was taken up by Parliament’s committee that oversees implementation of the Constitution to facilitate a 90-day public debate on the issue.

The Constitution Implementation Oversight Committee, chaired by Mandera Central MP Abdikadir Mohamed has already collected views from the public and reviewed them, and their report is ready for tabling in Parliament.

Effectively, politicians dissatisfied with the March election date – including Prime Minister Raila Odinga and MPs William Ruto and Martha Karua – will have a chance to rally their troops to muster a two-thirds majority to pass the Bill.

Mr Kilonzo says he is not in a hurry to withdraw the Bill even with the announcement of the election to “allow for public debate.”

The report by the Abdikadir team seen by the Sunday Nation shows that a majority of Kenyans want the elections on the third Monday of December as suggested by the Bill.

Their views revolve around the effect of the elections on the school calendar, cultural activities, tradition, tourism, farming, budgets of East Africa member countries and MPs’ salaries.

According to the report, proponents of a December date argued that one in March would be tantamount to an illegal extension of President Kibaki’s term, which, they say, expires on December 31.

They also have an axe to grind with members of the current Parliament, saying a March election would illegally extend their term in office.

Supporters of the December date point out that the electoral commission has already given assurance that it is ready to conduct elections at that time. Others said a March date would disrupt the school calendar since schools are used as campaign venues and polling stations.

“Holding elections either in March or August is inadvisable because, in any unfortunate eventuality of clashes, students who would have been registered for exams would be displaced or unable to transfer to other schools,” said the report.

Farmers who spoke to the committee favoured a December date, saying it would not affect ploughing and harvesting.

“The harvest season for the best quality tea and horticultural produce is in August, and therefore elections should be held in December,” said farmers in Uasin Gishu.

Though their counterparts in Kericho and Bomet counties wanted a December date, they favoured the final week because of initiation ceremonies.

And in Mombasa and Kwale counties, residents said tourism peaks in July and August so elections would be inappropriate at that time.

Religious groups like the Seventh Day Adventists oppose an August date, saying they hold camps and retreats during the period.

The norm

Those arguing on tradition said that it has been the norm since independence to hold elections in December and celebrate New Year with a new government in place. They also say students would be on holiday.

If the Mutula amendment is passed, then the life of the current Parliament would come to end in October because the Constitution provides a 60-day period for campaigns.

Mr Odinga has rejected the March 4 date and cast doubt on the independence of the electoral commission. If the trend continues, dissatisfied candidates may raise questions about the integrity of the next elections.

The Independent Electoral and Boundaries Commission has indicated it is ready to change the date to December 17 if Parliament or the Court of Appeal so declares.

A number of MPs have gone public with stinging criticism of the IEBC over the now contentious election date.

Mr Ababu Namwamba, the ODM parliamentary secretary, has advised his colleagues supporting the December date to throw their weight behind the amendment instead of making divisive pronouncements at public rallies.

Mr Mohamed has also asked his colleagues to be cautious with their utterances so that it does not hurt the credibility of the whole process.