Mutula: Bill to change poll date still on track

By Martin Mutua

Justice Minister Mutula Kilonzo has said there are no plans to withdraw a Bill that seeks to change the General Election date.

Mutula maintained that the Constitution (Amendment) Bill was a Cabinet decision and that despite behind the scenes manoeuvres, it would not be withdrawn.

"Those who are dreaming about me withdrawing the Bill can continue dreaming because that will not happen. It will have to go through the whole process in the House," he added.

The minister hailed the Bill saying it was the best way to solve the issue of the election date as well as that of gender representation to avoid political machinations by political parties and party bigwigs.

Mutula said contrary to media reports (not The Standard), the Cabinet had not met to withdraw the Bill as it was currently before the floor of the House.

Speaker’s ruling

"The Speaker is supposed to deliver a ruling today and we are waiting to hear from him before the matter proceeds further," he added.

The minister presented the Bill to the floor of Parliament a fortnight ago for the First Reading but several MPs, who included Gitobu Imanyara (Imenti Central), Danson Mungatana (Garsen) and ODM Government Chief Whip Jakoyo Midiwo opposed its introduction.

The opponents of the Bill argued that the issue of the election date and gender representation as well as the delineation of the 80 new constituencies must be separated into three different Bills.

Whereas the majority of legislators were not opposed to the change of election date from August to December, they said they had a problem with the other two matters.

But Imanyara and Mungatana described the amendment to change the election date from the second Tuesday of August to the third Monday of December as an affront to the supreme law and a breach of Article 3.

On the matter of gender representation, the MPs had in August rejected the one-third rule for elective posts. This had sparked fierce debate with those opposing its inclusion terming it populist even as those in support argued it would provide the forum for promotion of affirmative action in political parties nominations.

On Monday, Mutula said once the Bill has been introduced in the House, there would be 90 days within which the public will have an opportunity to debate on its contents and their views taken on board.

"The Constitution has a provision for public participation when it comes to constitutional amendments. The 90-day period is the one set out for the public to do so before the Bill comes back to the house for the Second Reading," he noted.