Fresh war breaks out between MPs and IEBC over laws

NAIROBI: MPs have dismissed proposals by the Independent Electoral and Boundaries Commission (IEBC) to reintroduce the stringent election rules.

In the changes contained in the Elections (Amendment) Bill, 2015, IEBC proposes to bar party hopping, nomination of election losers and to impose a date when public officials planning to contest political seats resign from office.

If new changes to the country’s electoral laws are approved by the National Assembly, public servants with political ambitions will have to quit their jobs a year before the General Election’s date.

Members of the National Assembly’s Justice and Legal Affairs Committee Tuesday insisted that the six months period currently given by IEBC for one to resign before contesting an elective position was “too short a time to even the playing field”.

The MPs told IEBC commissioners, led by the vice chairperson Lilian Mahiri-Zaja, that the six months exit window was likely to destabilise public institutions since some public servants might decide to hang on, steal public funds and pay the notice period with stolen funds.

Committee Samuel Chepkonga (Ainabkoi) said because in the public service, the resignation notice is three months, putting a minimum of six months, meant civil servants will begin the process nine months to an election.

“We should put it at a year to cure any mischief,” said Mr Chepkonga. He spoke at a meeting in Nairobi’s Continental House.

“They can use half the financial year that you people are giving them to steal public funds to build their campaign finances. This thing should just be a year,” added Peter Kaluma (Homa Bay Town).

Christine Ombaka (Siaya) had wanted the provision deleted because in 2012 she had to quit her job as a lecturer at Maseno University, and “abandon her doctorate students in the middle of their studies”.

“For six months, I sat out there with no pay, yet I was working for the State. I don’t like this provision. It is like public servants are being punished for joining politics,” said Dr Ombaka.

STRONG CANDIDATES

But IEBC commissioner, Thomas Letangule, said the resignation prior to elections was meant to shield public resources from corrupt civil servants who would likely use their positions and power to tilt the election field to their advantage.

Tom Kajwang’ (Ruaraka) agreed: “One year is enough time for the relevant Government agency to find a suitable replacement, to ensure continuity of service. Six months is not enough time for the issue to be included in the budget cycle. I support one year.”

MPs also want the party list to be re-opened after the elections to allow the political parties to nominate “strong candidates” to Parliament and to the county assemblies.

“It is good that the list comes after elections so that able and strong candidates who lose out at elections because of issues such as accidents that incapacitate them during campaigns are nominated. This is not a small matter,” said Mr Kaluma.

Ombaka and Chepkonga agreed with Kaluma in saying the party list has to be submitted after elections.

The IEBC has also proposed the deletion of a provision for the nomination of election losers into the party list.

The commission says anyone contesting an election, should be left out of the party list.