Jubilee all out to seal loopholes in bid to retain power
Pokot South MP David Pkosing addresses the press on March 24, 2015 after two Pokots manning the Turkwel Gorge Power Plant were killed by Turkana bandits. The MP has moved to court to safeguard President Kenyatta's win. PHOTO | JEFF ANGOTE | NATION MEDIA GROUP
What you need to know:
Apparently, Jubilee is fully aware that a disruptive poll will deny Mr Kenyatta and Mr Ruto legitimacy to the throne if they win.
Towards this end, Pokot South MP David Pkosing has moved to court with a view to safeguarding the Jubilee leader’s possible victory.
Now the lawmaker is concerned that Nasa might ask voters in their perceived strongholds to stay away from the election.
With Mr Odinga’s National Super Alliance (Nasa) having halted its campaigns, the President and his Deputy William Ruto are determined to get the election out of the way.
It is worth noting that Jubilee Party officials, who were initially opposed to the inclusion of Dr Ekuru Aukot in the repeat poll, have finally warmed up to the idea of the Third Way Alliance contender and other fringe candidates being on the ballot after the High Court paved the way for this scenario.
Jubilee vice-chairman David Murathe said the stage is now set for the October 26 poll, “with or without Nasa”.
HIGH ALERT
While President Kenyatta’s backers remain on high alert over a possible danger card Mr Odinga’s team might toss on the legal table, they have similarly handed Mr Kenyatta the ace card in the form of amendments to the electoral laws.
The changes have been heavily criticised by the Opposition and civil society, who say they are meant to aid the President’s victory.
Noting that lawmakers and lawyers are spinning laws for political convenience, a former Cabinet minister, Prof Amukowa Anangwe, warned that the country is on a dangerous path.
“This is a cat-and-mouse game at play and when things get this far, it is a precursor to lawlessness and civil disorder. Ultimately, there is no winner here as we shall all be losers,” he said.
LOSE CONTROL
According to Prof Anangwe, who teaches political science at the University of Dodoma in Tanzania, the trajectory that politics may take is such that even the power-holders will lose control of the situation.
But, most importantly, he argued that while the push by Jubilee to install Mr Kenyatta as President may succeed, it will deny him the much-needed legitimacy of tenure.
“Elections the world over are supposed to be underpinned by some basic parameters, including a free and fair process and participation by all, devoid of political intimidation. However, what we are witnessing in Kenya is some kind of charade meant to hoodwink participants and the international community that a democratic exercise is under way,” said Prof Anangwe.
Apparently, Jubilee is fully aware that a disruptive poll will deny Mr Kenyatta and Mr Ruto legitimacy to the throne if they win.
NULL AND VOID
Towards this end, Pokot South MP David Pkosing has moved to court with a view to safeguarding the Jubilee leader’s possible victory.
The second-term MP, who clarified that his move is not sponsored by the Jubilee Party, to which he belongs, is informed by Article 138 (2) of the Constitution on the procedure of presidential elections, which states that “if two or more candidates are nominated, an election shall be held in each constituency”.
This article, according to Mr Pkosing, means that an election shall be considered null and void if a constituency or some constituencies do not participate.
Now the lawmaker is concerned that Nasa might ask voters in their perceived strongholds to stay away from the election.
ELECTORAL CIRCUS
Such a move will not only ruin his candidate’s legacy, but could plunge Kenya into an endless electoral circus, where no one will allow another contender to win the presidency.
Mr Pkosing’s fears are hinged on the possibility that Mr Odinga, who enjoys a near fanatical following in some parts of the country, may use provisions of Article 138 (2) to have the October 26 poll invalidated.
“This is a dangerous piece of legislation in our midst considering that besides Raila, other political leaders with a similarly huge and solid support in their backyards, including President Kenyatta and DP Ruto, can equally pull the same trick and seal off their backyards in central Kenya and Rift Valley from the poll to frustrate opponents if there is need,” said Mr Pkosing.
To circumvent this “dangerous legislation”, Mr Pkosing proposes that so long as electoral materials and equipment have been provided and personnel to conduct the poll have been dispatched, the election should be deemed to have taken place “even if a constituency returns a zero vote result”.
Prof Anangwe advised Mr Kenyatta against taking an “antagonistic path”. He said there is a need on the part of the President to think deep and hard about his legacy.
CONSTITUTION
He opines that Jubilee cannot use coercive power to suppress a formidable opponent such as Mr Odinga, who commands the support of nearly half of the country.
“If I were Uhuru, I would not want to use the forceful avenue. I would, instead, engage my opponents in dialogue with a view to ensuring a peaceful and credible poll”.
But the President’s lieutenants are not entirely agreeable to this view.
Mr Murathe said Kenya has found itself in the current legal and electoral quagmire owing to a people-friendly Constitution.
To fix this situation, he maintains the country requires a benevolent dictator such as Uganda’s Yoweri Museveni or Rwanda’s Paul Kagame.
Much as the Jubilee official’s sentiments have drawn harsh criticism from Nasa opponents, they mirror the President’s forceful push of his political agenda as witnessed in Parliament over amendments to the electoral laws and offer a clue on what to expect should Mr Kenyatta win a second term.
