Opposition MPs now fear that a bill by one of its members seeking to move next elections from August to December gives a window for the extension of President Uhuru’s first term by about four months.
The Coalition for Reforms and Democracy has also developed cold feet over the bill currently before the House.
CORD says Jubilee is seeking to amend the bill, if the Speaker rules this is possible on a constitutional amendment Bill under debate, so as to extend the term of IEBC commissioners beyond December.
The term of the current crop of IEBC commissioners led by Mr Issack Hassan ends in November 2017.
Suspicion clouds bill to extend election date as Jubilee, CORD split
The fate of the poll's agency’s commissioners once their current term expires has divided Jubilee and the Opposition in the National Assembly, as members debate a bill seeking to move the next elections' date from August to December.
Furthermore, political and personal interests that have clouded the debate on the bill have divided the House, which would have otherwise been united because passage of the legislation allows MPs to pocket their salary for additional months in office.
A bill to amend the Constitution requires a two-thirds majority to enact, which means it must have bi-partisan support.
While the bill was previously thought to favour the Coalition for Reforms and Democracy (CORD) as it tactfully would force the reconstitution of the Independent Electoral and Boundaries Commission (IEBC) prior to the 2017 polls, there is now suspicion within the coalition that Jubilee is planning to introduce a clause to extend the term of IEBC commissioners.
Some Jubilee MPs are willing to back the Kenya Constitution Amendment Bill sponsored by Orange Democratic Movement’s David Ochieng’ (Ugenya) on condition that they would be allowed to introduce a clause for the extension of the term of the IEBC commissioners.
CORD has insisted they are uncomfortable with the Isaack Hassan-led team overseeing the next elections, alleging the commissioners are not impartial and that they mishandled the last exercise.
The term of IEBC commissioners is set to expire in November 2017. Should the bill pass in its current form, it would have the effect of locking out the current team from managing the next polls, which Raila Odinga’s team would want.
“This Constitution is silent on whether an amendment can be introduced into a constitutional amendment. The Constitution we had until 2010 had an express provision that a constitutional amendment bill cannot be amended. We are seeking your ruling on whether a bill that has gone through all the stages of legislation can be amended at any point,” said Justice and Legal Affairs Committee Chair Samuel Chepkonga (Ainabkoi).
President’s term
Majority Leader Aden Duale also alluded to the possibility of extending the term of IEBC commissioners should the bill be passed. “Amending the articles will not solve the uncertainties of the election date. The bill affects the composition of IEBC, precipitating the amendment of the IEBC Act to extend their term,” he said.
The position on extending the terms of the IEBC commissioners, which was canvassed by several Jubilee MPs, has not gone down well with CORD MPs, who are determined to abandon the legislation sponsored by their colleagues.
ODM Chairman John Mbadi said the bill does not have the backing of the party. “As a party, we don’t support the bill,” Mbadi said.
Opposition MPs are convinced that Jubilee would flex its numerical strength to introduce the amendment to extend the tenure of IEBC commissioners should the Speaker give a favourable ruling.
CORD is also suspicious that Jubilee is seeking to ‘hijack’ the bill to extend the term of the President. “There is a plot by Jubilee to insert clauses that we are not comfortable with,” said ODM Secretary for Political Affairs Opiyo Wandayi.
But the mover of the bill insisted his bill had nothing to do with the extension of the term of the President and MPs. “This bill is not about extending the term of Parliament,” argued Ochieng.
