Jubilee leaders face dilemma in bid to change general election date

National Assembly Majority Leader Aden Duale

A proposal to amend the Constitution to move the General Election date from August to December, through a popular vote, has presented the Jubilee government with a headache.

This is because it would require a referendum, which Jubilee leaders have in the past flatly rejected, arguing it is premature to plunge the country into another electioneering phase.

The Government has fought hard to scuttle the twin referendum bids - one spearheaded by governors under the Pesa Mashinani (money for the grassroots) initiative and the Opposition's Okoa Kenya campaign for which the Coalition for Reforms and Democracy (CORD) has since unveiled a draft bill.

While the push to review the elections date could easily get bi-partisan backing because it grants the 416 members of the National Assembly and senators an extension of their tenure, and with it additional perks, the prospects of a national vote, possibly on the eve of a General Election year, does not interest the Government.

Term expires

Another dilemma is the implication that would have on the current Independent Electoral and Boundaries Commission (IEBC) team whose tenure lapses in November 2017. The Opposition might just succeed in having a new team oversee the next elections or the Government would have to fight hard to extend the term of current officials.

Homa Bay Town MP Peter Kaluma (ODM) acknowledged the move is popular but the only fear of those in government is that it would give the Opposition momentum and attendant political mileage.

“For the election date to be moved, it will require a referendum which Jubilee may not be comfortable with. Jubilee wants the current IEBC in place which means that moving election date will find the commission's term has expired,” said Kaluma.

That would mean a December poll would either be managed by a new team or the Government would have to put up a bitter fight against the Opposition, which wants the electoral commission purged, in Parliament to secure an extension of their tenure.

Apparently, it is because of these inherent headaches that Jubilee leaders are now cautious about the proposal to change the poll date from the first Tuesday of August as entrenched in the Constitution to the third Monday of December, despite unanimous agreement by the National Assembly leadership during a retreat in Mombasa at the weekend.

“Jubilee has not agreed on the amendment but rather the House leadership under the Speaker that met in Mombasa where the bill was presented. The bill will be subjected to a thorough scrutiny by Jubilee before we come up with a common position,” National Assembly Majority Leader Aden Duale said Sunday.

But alive to the fact that MPs across the board relish a proposal that delays their date with the electorate and allows them to pocket more money, Duale suggested it could be achieved without necessarily leading to a referendum.

“To change an election date does not require a referendum and Jubilee has never opposed any amendment through a two-thirds majority by the people's representatives,” Duale said.

Kieni MP Kanini Kega also insisted that as long as the legislators garner a two-thirds majority they don't need a referendum. "This move is motivated by reasons such as budget cycle and education calendar. Our term ends on March 4, 2017 but we want to fix the election date in the third week of December," said Kega.

TNA Chairman Johnson Sakaja (nominated) said currently the Jubilee coalition does not have a position on the debate but would soon consult and announce a common resolve.

However, he hinted that Jubilee was ready to sit with their CORD counterparts to strike a bipartisan deal on areas in the Constitution that need an amendment.

“We are now reaching a time when we need a sober approach and sit down to see the areas that require changes and find a way of addressing them,” said Sakaja.

Changing the election date in principle would extend President Uhuru Kenyatta's term and such a move would require a public vote.

MPs are elected to serve a five year term, however with the constitutional election date set for August, the 11th Parliament would serve for four years and four months, but with the proposed December date, MPs would get an additional four months, which is still less than what is described in law.

National Assembly Minority Leader Francis Nyenze said if elections are held in August 2017, then MPs would not have had their full five-year term and should be compensated for the time they would loose.

Scuttle process

"We have to follow the Constitution but at the same time we have to be fair to the MPs who will loose their time for not serving a full five-year term. We should build consensus and agree among the leaders and find the best way forward, but lets follow the Constitution," said Nyenze.

ODM Secretary General Ababu Namwamba agreed the issues that require review in the Constitution should be addressed comprehensively in a bipartisan manner.

Of concern is the change of the election date and the progressive realisation of the one-third gender rule in all the elective positions as ruled by the Supreme Court prior to election.

"Doing piecemeal reforms will not help us much. There are some rough edges within the Constitution which should be smoothed and we must agree to approach this issue in a non-adversarial way," said Namwamba.

Baringo North MP William Cheptumo (URP) said the issues at the centre of debate should be divorced from politics if Kenya is to make meaningful changes.

“Neither Jubilee nor CORD has the answers to the issue of election date. We all need to sober up and have political reconciliation over the issue. Either way these are serious challenges that must be addressed,” said Cheptumo.

ODM Political Affairs Secretary Opiyo Wandayi, however, said they do not intend to extend the Jubilee government's term.

He said the Jubilee government would attempt to circumvent the referendum bid simply because it has been initiated by the Opposition and would want to scuttle the process.

“Change of election date is a weighty matter and must be subjected to a popular vote. We know Jubilee will attempt to scuttle the Okoa Kenya referendum bid. We as the Opposition have not discussed the issue but we do not want to extend the term of Jubilee even with a minute,” said Wandayi.

Migori Parliamentary Group Chairman Omondi Anyanga asked the CORD fraternity to discuss the matter conclusively before it is brought to the House for debate. "It is important for CORD to build consensus around the issue. The MPs who met in Mombasa are just a section and their resolution cannot be binding," said Anyanga.

Suna East MP Junet Mohamed said the Opposition would hold a parliamentary group meeting on the issue. "We have not yet come up with a position for the coalition and those supporting or rejecting are doing so on personal basis. The coalition will meet this week and the issue will be part of the agenda," said Mohamed.

The leaders had set aside their political differences and agreed to lobby for a new election date ahead of tomorrow's informal meeting where members would be briefed on the recommendations and the way forward as Parliament seeks to redeem itself from the recent cases of alleged misconduct by some members.

The MPs are also grappling with the fact that they have to resolve the gender formula debate whose deadline is August.

The informal meeting called by the leaders is also expected to come up with the way forward on the Constituency Development Fund issue.