MPs clear Bill changing month of 2017 election

The next General Election could be held in December 2017 and not August as set out in the Constitution if a Bill cleared by a National Assembly committee is approved by MPs.

Chances of the extension of the life of the current Parliament are high.

Should the clamour succeed, it means the 416 MPs and Senators will pocket more salaries and allowances as their tenure would be extended by at least four months. The tenure of President Kenyatta's first term will be extended by a similar duration. 

But it is not just that for Uhuru because it would mean if he does run, but is not re-elected, he will hand over to the new President in January 2018, given the constitutional transition guidelines.

The Constitution provides that the term of Parliament expires on the date of the next election.

Currently, a General Election must be held on the second Tuesday of August in every fifth year.

While the date of the last General Election was contested prompting the intervention of the High Court that ruled it be held in March last year, the subsequent poll is expected to follow the Constitutional provision. 

But should the date be moved to December, it could add a new twist to the controversy over who will oversee the 2017 polls, as the tenure of the current electoral commissioners will expire in November 2017.

The Opposition CORD is clamouring to ensure the current  Independent Electoral and Boundaries Commission (IEBC) team does not manage the next election, arguing it mismanaged the 2013 race. Its petition to this effect was however rejected by Parliament.

While the success of the Bill could present opportunity to force a new team of electoral commissioners, Jubilee leaders have in the past said they would beat such an attempt by using their 'tyranny of numbers' to push the extension of the tenure of the current electoral team.

This is likely to be the new battle front as the Bill to push the elections date to December is likely to entice MPs from across board because of the mouth-watering benefits of squeezing more funds from the public coffers that would come in hardy as they face costly election campaigns.

Yesterday, the Justice and Legal Affairs Committee of the National Assembly approved a Bill to amend the Constitution with the actual decision having been taken earlier.

The committee explained the Bill should be published "forthwith" so that come 2017 when polls are expected, the electoral commission will be prepared for the second Monday of December, and not the second Tuesday of August as is hitherto provided for in the Constitution.

The chairman of the committee Samuel Chepkonga (Ainabkoi) backed the sponsor of the Bill, Mr David Ochieng' (Ugenya). They said the change in election date was crucial to free Kenyans from the hassles of politics in the middle of the year.

The decision dovetails with the vow by CORD that the current electoral commission will not conduct the next elections.

The Bill altering the election date is just one of the proposed legislation that came before the committee. There were two other Bills — by Peter Kaluma (Homa Bay Town) and Joe Mutambu (Mwingi Central) — all of which seek to amend the Constitution.

Kaluma wants the Constitution amended to 'tame' the Judiciary and keep it from "interfering" with the work of Parliament. His Bill also wants the Constitution altered to grant MPs blanket immunity for their actions within or without the House, as long as what they are doing is in the course of duty.

Mutambu had a controversial Bill to reduce the counties from 47 to 10; deny counties the health function; scrap the 47 Woman Representative seats; and do away with nominated senators. But the committee did not approve this Bill. They told Mutambu that he has to relook at the proposals.

CORD MP Ababu Namwamba told The Standard that while he had not seen the three Bills, his view is that they should all be consolidated and worked on together.

Ochieng's Bill is likely to stir debate because apart from just moving the poll date, it has a consequence of adding MPs an extra five months within the House.

The cost of the five-month extension, given that each of the 418 MPs earn a million a month, will soar to Sh2.1 billion.

The committee also mulled about the term of MPs. They say they are elected for a five-year term, and yet, the next polls in 2017 will shorten their tenure.

Mr Mwamkale William (Rabai) argued the courts should decide on the tenure of lawmakers.

"The election of MPs cannot be held before the lapse of five years. Let's leave that to the courts, let the Judiciary deal with it," he said.

The change to the election date is not new. It was raised in the Tenth Parliament and views were collected. A Bill was published, but it never made it through the House because of politics.

The Ugenya MP said the Commission for the Implementation of the Constitution had already approved the Bill.