By Vitalis Kimutai
As the Government fights procedural hurdles facing a controversial Bill to amend the Constitution, a leaked Cabinet memo details what influenced the proposed December elections date.
MPs Gitobu Imanyara (Imenti Central) and Danson Mungatana (Garsen) lead a group that has blocked the Constitution of Kenya (Amendment) Bill at the First Reading – formal introduction – in Parliament where it is scheduled to come up for the third time on Tuesday.
Justice Minister Mutula Kilonzo has been unsuccessful in attempts to get the Bill past the stage due to objections by Members of Parliament who say the draft law was in breach of parliamentary procedures, as it was unconstitutional.
The Bill is unpopular among some MPs who accuse the minister of trickery by bundling proposals to review the elections date, gender requirement, and the creation of 80 new constituencies into a single Bill.
But even as the minister fought on, fresh details have now emerged on what informed the Cabinet decision to support a December 2012 date for the next General Election that according to the Constitution should be held in August.
A 24-page document obtained by The Standard On Sunday and which was tabled before President Kibaki and Prime Minister Raila Odinga outlined various activities and timelines needed by electoral and support institutions, candidates and political parties prior to ballot day.
The Cabinet memo, that highlighted 10 key activities that would guarantee a successful election, is to be declassified as part of the Government’s strategy to win public support for the change of the date of elections.
Key among them is delimitation of boundaries to create the additional 80 constituencies provided for in the Constitution, and which must be carried out within four months from the date when the commission is constituted.
The Independent Electoral and Boundaries Commission has been constituted and awaits swearing-in tomorrow.
The memo also singled out the requirement for continuous voter registration locally and in the Diaspora, and the enactment of the Campaign Financing Bill 2011, as some of the major activities preceding elections.
Justice and Constitutional Affairs Ministers Mutula Kilonzo briefed the Cabinet on the legal justifications for holding elections on the third Monday of December 2012.
Mutula argued that if elections were held on the second Tuesday of August as envisaged, it was likely to have adverse effects on voter registration and inspection of the register. The term of the current Members of Parliament, the country’s national budget cycle, and the East African fiscal policy would also be affected.
On the budget cycle, the Cabinet was informed that Article 211 of the Constitution requires that the Cabinet Secretary responsible for Finance submit to the National Assembly the Estimates of the revenue and expenditure of the National Government at least two months before the end of each financial year (June 30).
This means that the Estimates should be submitted to the National Assembly for consideration by March 31, each year.
Mutula noted that if the General Election were to be held on August 14, 2012, Parliament would be expected to adjourn 60 days before the General Election – that is June 13, 2012, to allow for election campaigns and the holding of the General Election.
"This would interrupt the budget process as Parliament would not be in session to discuss and approve the Budget," said Mutula.
The holding of elections on August 2012, Mutula argued, would therefore delay the budget process, which in turn would affect Government operations as there would be no monies to spend in undertaking their functions, including conducting elections.
The Cabinet was informed that it would also be difficult for the succeeding National Assembly to carry on with a process that had been commenced by the previous Assembly, especially as it will not be privy to discussions relating to Estimates submitted to the National Assembly.
The Cabinet memo notes that the IEBC should review boundaries within four months from the date the commission is put in place, meaning its publication in the Kenya Gazette.
Mutula said litigations likely to arise out of the process should be considered.
From the IEBC timeline, the litigation was projected to end on August 9, 2012, leaving no time to prepare for elections.
IEBC was also expected to carry out voter education given the bulk voting expected owing to the increase in the number of elective offices created by the new Constitution. They include President, Member of Parliament, Senator, Governor, County Representative, and Women Representative – all in one day.
A challenge that the IEBC would face is meeting the constitutional provision of carrying out electronic voter registration as opposed to the manual system that has been in use.
Ahead of the referendum last year, IIEC in a pilot project electronically registered voters for the first time ever in 18 selected constituencies. They are Kamukunji, Lang’ata, Mvita, Malindi, Dujis, Wajir East, Isiolo South, Imenti Central, Mbooni, Nyeri Town, Kikuyu, Eldoret North, Nakuru Town, Ainamoi, Ikolomani, Webuye, Kisumu Town West and Bonchari.
Issues have also arisen over registering Kenyans in the Diaspora, with some suggesting that they should only take part in the presidential vote.
The Constitution provides that the election of the President and members of the National Assembly, the Senate and gubernatorial and County Assemblies shall be held at the same time within 60 days after dissolution of Parliament.
Said Mutula: "The current Parliament was sworn-in on January 15, 2008, and its term expires on January 15, 2013. If elections are to be held within 60 days after dissolution of Parliament at the end of its term, then it follows that the General Election should be held in March 2013".
But he hastened to add that the country would not allow the elections to go beyond December 2012 because President Kibaki’s term would have expired.
