Polls date dilemma as Bill put on hold

By Stephen Makabila

Constitutional Implementation Commission’s move to suspend work on Elections Bill 2011 has sparked off debate among experts.

Of interest is whether the move would have a serious bearing on next year’s General Election.

CIC chair Charles Nyachae said five days ago the Elections Bill 2011 would have to wait until the national taskforce on devolution concludes its work, so that his team incorporates the proposals for county governments in the document.

Currently, the Interim Independent Electoral Commission (IIEC) handles electoral issues, given the Independent Electoral and Boundary Commission (IEBC) is yet to be formed. The IEBC Bill is awaiting the President’s assent.

But concerns have emerged despite Nyachae’s assurance the August 26 constitutional deadline on the enactment of the Bill would be met.

According to timelines agreed between CIC, Parliament and Attorney General Amos Wako, the Bill should have been presented to the AG last week.

Global standards

"Whether we hold elections in August next year as advocated by CIC or December, we have already gone against international standards and further delays could only worsen the situation," said lawyer Haron Ndubi.

By international standards, an electoral body should be constituted 18 months to an election date.

Chairman of the Centre for Multi-Party Democracy (CMD) Justin Muturi has also faulted CIC for putting on hold the Elections Bill.

The CMD is a lobby of major political parties across the divide formed in 2003 to enhance transparency and accountability.

"Out ultimate fear is that the CIC action would affect preparation for next year’s elections. There is no need waiting for the taskforce report," said Muturi.

Muturi, who is also a lawyer, claimed CIC had been wrongly interpreting Article 184 of the Constitution on reforms in cities, towns and urban centres, which should be Parliament’s role and not a taskforce’s.

Last week, Deputy Prime Minister and Minister for Local Government Musalia Mudavadi hinted in an interview with The Standard on Sunday that laws on Devolution would be ready by August.

"By the end of August, we should have the laws in place. It’s a requirement that all laws on urban areas and cities are enacted within 12 months and those on county governments within 18 months. Drafting has started and we project there could be as many as 13 pieces of legislation. There are suggestions some could be collapsed so that we have fewer Bills," Mudavadi said.

He had further indicated the taskforce proposes a transitional authority to assist in the identification of assets, given some counties will certainly have a shortage of physical infrastructure while others are well endowed like those hosting the provincial headquarters.

Taskforce’s views

A corporate governance specialist Polycap Onyango argues it makes sense to incorporate what the taskforce on devolution comes up with in the Elections Bill.

"We know the taskforce went around the country and what it may be involved in now is fine-tuning its recommendations," added Onyango.

Secretary in charge of constitutional affairs at the Ministry of Justice Gichira Kibara has also warned time is running out to prepare for polls.

Kibara says if the situation remains, the country "will have to pay the price".

Vice-President of the East African Law Society James Mwamu said measures should be taken by CIC and Parliament to ensure implementation hiccups do not affect the General Election.

"For stability, we must hold elections as scheduled," added Mwamu.

Moi University law lecturer Titus Bittok says putting on hold the Elections Bill to await the devolution taskforce report can be acceptable, only if it cannot impact negatively on preparations for next polls.

"If CIC knows the hold has no negative effects on elections, it is well and good but if it is a matter of taking risks, then it should be cautious and conscious of the public mood," added Bittok.

Nyachae recently argued it will be pointless and irresponsible for the commission to rush the Elections Bill without the input of the taskforce.

CIC Commissioner Peter Wanyande has also been on record as having supported Nyachae, on his assurance that the elections law should be in place by August 26. It remains to be seen whether CIC will keep its promise to vindicate itself or falter.