Ethuro upbeat ahead of special Senate session on election laws

Senate Speaker Ekwe Ethuro. (Photo: Denish Ochieng/ Standard)

Senate Speaker Ekwe Ethuro has faulted the political establishment as all eyes turn on the Upper House to resolve the electoral laws impasse.

In an exclusive interview with The Standard on Sunday, he blamed “bad politics” for the deadlock that has seen the Opposition call for mass action in protest against passage of contested changes to the electoral laws by Parliament on Thursday.

Mr Ethuro has since called a special sitting of the Senate on Wednesday to debate the changes passed unilaterally by Jubilee members of the National Assembly after their CORD-allied colleagues boycotted.

Saturday, he appealed on the political leadership of the major coalitions and other political players to build consensus ahead of the special sitting so that tension can subside.

“It’s all bad politics, the way we do things in this country. Call it political brinkmanship, not listening to each other and that sort of a thing. I do not think there is anybody reasonable enough to reject reasonable options. It is the way we managed the process leading to this,” he said.

He was categorical on where the problem lies: “We lack political goodwill across the board. I am appealing to all political leaders to build consensus on this matter.”

Mass action

The Speaker said he expected Senators to “behave slightly better than we have seen people behave elsewhere” in a reference to members of the National Assembly who engaged in war of words and fist fights. He said the threat of mass protests when the matter is pending before the Senate was based on “bad behaviour” and negative political culture developed in the country over the years.

“If the bone of contention is the option of manual voting, the fact of the matter is that these things happen. We live in this country and you can imagine what would happen if on the morning of the election day machines fail and people insist on voting. It’s a sensible proposal if you ask me,” he said.

He said the Senate could pass the Bill in the manner presented to it by the National Assembly or reject it in which case a mediation committee will be formed to solve the matter. “And when that comes, trust me we will deliver. You will remember even the special committee which prepared these laws was co-chaired by two eminent senators who are also senior leaders of this country,” he said.

Asked if he was sure the Senate will not be split in the manner of the National Assembly, Ethuro remained skeptical yet at the same time exuding some measure of optimism: “I wish I could categorically say so. I can only hope because these are politicians and sometimes politicians tend to look at things from political perspectives. Already the matter has attracted heavy political overtones.”

Senators The Standard on Sunday spoke to across the political divide said they will rise above the National Assembly and consider the matter with sobriety. “We are a much more sober house and we do not expect physical violence and verbal abuses to fly around. We expect our conduct to be a little calmer as has been our tradition. But that is not to say we will deviate from reason and put all our trust in technology. Even man who is made by God fails,” Senator Mutahi Kagwe (Nyeri) said.

Tainted process

Kagwe blamed a politically tainted process for the impasse. He said had the process been properly managed, the situation would not have come to this.

Mombasa Senator and Wiper Secretary General Hassan Omar was optimistic the matter will end up in a mediation committee. He too extolled the Senate as “a house of call” which undertakes business in a bipartisan manner.

“It’s more likely that the support for the Bill will not receive the majority votes and that it will get to the mediation. The mediation team will give the country a more sensible direction, I believe,” Omar said. President Uhuru Kenyatta’s advisor on constitutional affairs Abdikadir Mohamed called for an end of “political gamesmanship” on technical matters of elections. He blamed “destructive political competition” for the impasse.

“What people are not appreciating is that whenever a law provides for one form of transmission or identification, any other form becomes illegal. Ideally, laws should allow for flexibility. Rigidity leads to breakage and every rule must have an option,” he said.

Deputy Leader of Majority Kipchumba Murkomen asked senators to come armed with notes to convince the house on their position. He said the house will vote based on reason.

“I expect senators will make their decision based on law and logic. I do not expect any external hand in Senate discussions on this important matter which provides for certainty around an important electoral matter,” he said.