You want referendum? Pay for it: MP Irungu Kang'ata proposes

Kiharu MP, Irungu Kang'ata. [PHOTO: FILE/STANDARD]

NAIROBI, KENYA: A Jubilee aligned legislator is seeking amendments to the Elections Act, which will compel anyone pushing for a plebiscite to incur the cost of the exercise.

Kiharu MP, Irungu Kang'ata, has written to National Assembly Speaker Justin Muturi, stating his intention to amend Section 52 of the Act, which will see the cost of holding a referendum fall squarely on the shoulders of those pushing for it.

Speaking at a press conference held at Parliament Buildings, the MP said once the proposed changes are effected, the cost of the exercise will be taken up by the referendum committee or persons other than the Government.

"The rationale for the proposal is to deter institution of frivolous referendums, to help the State recover costs incurred during a referendum and to provide a procedure and forum for fair assessment of costs to avoid exorbitant tabulation of cost."

"Where the referendum is held as a result of initiation by persons other than the Government, members of the referendum committee championing the exercise will bear the cost incurred by the Electoral Commission to hold the referendum."

Kang'ata explained that where the referendum committee has been forced to bear the cost, the electoral body will be expected to file a miscellaneous notice of motion at the High Court to assess the cost.

This move is expected to ensure that what the referendum committee pays is what was actually spent to run the exercise.

Once such a motion is brought to the High Court, it will be given six months from the date of filing of the motion to hear, determine and issue a decree on the matter which shall be enforceable in the manner provided by the civil procedure rules of 2010.

Kang'ata said that Auditor General Edward Ouko and the referendum committee will also be served with the motion to enable them determine whether the amounts quoted by the electoral body are the actual figures.

He said should it be discovered that the electoral body exaggerated the referendum costs, it will then be made to pay the extra costs.

Kang'ata said there is need to amend the Elections Act to ensure that Kenyans are not taken for granted.

He said the country is currently contending with diverse issue that urgently require financing and conducting a referendum at the moment would make the country incur unnecessary debts.