Intrigues fuelling fight over date of next polls

National Assembly Speaker Justin Muturi has given members supporting a December election date another chance to fight this week’s amendment bid, even as the extent of political intrigues that led to the first-round defeat of the relevant bill emerged.

So, with the stroke of the pen, the Speaker reopened the rivalry between the two political groupings; those who upheld the August date as prescribed by the Constitution and those pushing for a December date.

The bill to amend the Constitution sponsored by Orange Democratic Movement's David Ochieng (Ugenya) was on Tuesday blocked from proceeding to the final legislative stage after MPs from Raila Odinga's party shot it down.

Although 233 votes were required to conclude debate on the Constitution of Kenya (Amendment) Bill (No 1), the proponents of the proposed law marshaled 216 with 28 MPs mainly from ODM opposing it, hence it fell through on a technicality.

Underneath the veneer of the vote lies a secret war between the two main political blocs; Mr Odinga's Coalition for Reforms and Democracy (CORD), and President Uhuru Kenyatta's Jubilee coalition.

Voted against

Raila is on record opposing the change of the election date though it originated from his party, solely by arguing that the sum effect would be extension of the term of President Kenyatta.

Now, there are claims that the bid fell on its face in the first round, a repeat of which has been ordered on a technicality, because some ODM diehards felt obligated to stand by their party leader's position.

That the December date is popular in the House was, however, discernible from the fact that it had the backing of 216 MPs from across the divide with suggestions that the massive support was driven by a self-serving motive as MPs would automatically have extended their own term by three months.

But the bill had other political implications that are dear to the rival coalitions as a December election would mean either the extension of the term of Independent Electoral and Boundaries Commission (IEBC) commissioners or the picking of a new team to oversee the next exercise.

The term of the Isaack Hassan-led team that CORD wants kicked out expires on November 2017.

Jubilee MPs led by Majority Leader Aden Duale had inquired whether it was possible to amend the Ochieng bill, which was seen as seeking to accommodate the amendment to extend IEBC commissioners' tenure. But the speaker ruled that a constitutional bill cannot be amended. Mr Duale subsequently voted against the bill.

But the popularity of the bill lay in the additional months for MPs in office, and consequently opportunity to pocket more salary. This was seen to have nudged proponents to successfully lobby for a repeat vote to be taken. The main argument this time round is that whereas the amendment was defeated, those opposed to it equally also failed to garner the one-third of 349-member House as per the law.

Thursday, Mr Muturi ruled that the bill be brought back to the House for a repeat vote, two days after it failed to garner a two-thirds majority to push it through to the third reading.

The speaker in his ruling gave Ochieng a second bite at the cherry, much to the chagrin of CORD MPs who wanted to teach the Ugenya legislator a lesson for "disregarding party advice".

According to the ruling the second vote will be in October.

Disciplinary action

In the wake of the bill falling through, Ochieng, who at one time faced threats of disciplinary action from the party, claimed that some Opposition MPs may have ganged up to defeat his bid.

Now the party big wigs may have to mount another challenge to defeat the bill after the latest ruling.

"Twenty out of the 28 MPs who abandoned me are from my own party," said Ochieng who has had to struggle with claims that he was a lone ranger within the Orange party.

Cord MPs Thursday claimed that ODM Chairman John Mbadi was responsible for the initial defeat of the bill.

"Mr Mbadi is responsible for what happened to the Ochieng bill. He is the one who marshaled ODM members not to vote for it, but I believe most members have now seen the truth. When it comes they will vote for it," said James Onyango K'oyoo (Muhoroni MP).

The Standing Order that gave Ochieng's bill a lifeline allows the speaker to direct a further vote whenever a bill, which requires a special majority, fails to obtain the required majority, and the vote results in a majority of the 'Ayes' but the "Noes" have not numbered at least one third of all members.

In Ochieng's bill, the ayes totaled 216, and the nays totaled 28, leading to the citing of the relevant Standing Order by Ochieng and his backers.

Last week, Muturi ruled that moving the election date has no constitutional implications on the term of the President.

"The bill may not be referred to as being one that has the effect of extending the term of office of the President, since, under the provisions of the bill, those elections would still be held within the fifth year," he said.

This means that if the bill goes through, any arguments that the President is illegally in office will be rendered moot.