MPs clash over bid to extend presidential petition timelines

Supreme Court. The judiciary wants more time for the top court to hear and rule on presidential poll petitions. [Photo:File/Standard]

 

The Judiciary’s wish to seek 30 days within which the Supreme Court has to rule on presidential petitions will have to wait as Jubilee and Opposition CORD tussle over the matter.

Jubilee MPs say- the one-month wait could trigger mass action and violence. They argue the country cannot afford the economic cost associated with a “headless government” because without a president, “nearly everything comes to a standstill”.

But CORD accuses Jubilee of approaching the matter in terms of the existing political duopoly.

At a meeting at Parliament Buildings, a CORD MP declared that his coalition will “never go to the courts” to seek adjudication over a presidential petition, as he sought to plead with the Jubilee coalition to yield to the Judiciary’s proposal.

The matter came up for discussion Wednesday as the Justice and Legal Affairs Committee was re-looking the Constitution of Kenya (amendment) Bill, which seeks to give the Supreme Court 30 days to adjudicate a presidential petition.

“The extension from 14 to 30 days gives the Supreme Court sufficient time to not only declare a verdict but to deliver the reasons for the decision along with the verdict,” the Judiciary told the MPs in a memo.

Political temperatures

This looked like a straightforward explanation informed by the experiences of 2013 when the ruling was delivered in under five minutes, before the Supreme Court judges retreated for a fortnight to write the arguments on which their decision was grounded.

But to Florence Kajuju (Meru), Moses Cheboi (Kuresoi North), Waihenya Ndirangu (Roysambu), John Njoroge (Kasarani) and William Cheptumo (Baringo North), 30 days is just too long.

“If we keep the country in suspense for too long, it creates unnecessary tension. If you leave a petition to run for 30 days, so many things stop. The impact on the economy can be so huge,” said Cheboi as he pushed for 21 days.

Kajuju said the potential for violence under a prolonged petition was too much.

“We need to take judicial notice of the political temperature in this country. I can only imagine what will happen when a person waits for 16 more days. Let us put this at 21 days, the first week for the petitioners, the second week for the respondents, and the third week for the ruling,” said Kajuju.

But Tom Kajwang’ (Ruaraka), Fatuma Ibrahim (Wajir), Johanna Ng’eno (Emurua Dikirr) and David Ochieng (Ugenya) said the judges had put so much thought into the proposal and it should not just be dismissed.

“Let us not make laws because we are afraid of demonstrations. We are a growing democracy. If we extend the time, people will sit back and wait for a fair process, not a rushed one like the other time,” said Fatuma. Ochieng said the 2013 ruling was “disgraced and no lawyer can quote it in court unless they are doing it out of mischief”.

“It was done in a hurry. It was not well-thought-out. That is why we are asking for 16 more days. If the court does it within less time, say 10 or 20 days, where is the problem? We are just giving it more legroom within which to act,” he said.

When the Jubilee MPs remained stubborn, Kajwang’ and Ng’eno warned them “to stop making laws with CORD in mind”.

“The next time it will be Jubilee going to contest the election. Then you will know why more time is needed. CORD had some evidence in 2013 which was locked out because of time. You should know that anyone can lose the presidential election,” said Ng’eno.

Kajwang said the opposition will never go to the Supreme Court again to contest a presidential petition.

“Don’t think about CORD. Think about the Constitution. If the judges who have used this provision tell you it is bad, you must listen. You think they don’t live in this country? They know about the economy, the tension and all that. I don’t see any justification for your tampering with their proposal,” he said.

Seeing the obvious split, the chairman of the committee, Samuel Chepkong’a (Ainabkoi), warned the MPs to agree or else the Constitution will not be amended.

“It is either you agree and convince each other at this level or else it will stay the way it is at 14 days,” said Chepkonga.

He then postponed the discussion to Tuesday to allow MPs to think through their respective stands.

Another amendment within the same Bill seeks to free the Supreme Court from hearing all other electoral petitions. According to the amendment, the furthest MPs, governors, senators and Members of the County Assemblies (MCAs) will take their cases is the Court of Appeal.