Parliament begins debate on electoral laws

By Alex Ndegwa and Peter Opiyo

The two wings of the Grand Coalition Government sent out a message of common purpose when Parliament started debate on a Bill laying foundation for credible elections next year.

MPs also recommended a raft of amendments to the Bill to make it more effective when it becomes law. Legislators called for stiffer penalties for electoral officers who commit electoral offences.
They suggested different jail terms for officers who mess the electoral process. They said it was imperative that those who join the new electoral body are aware of the consequences that come with it so that they do not mess up the process.

In what could be seen as a sign of shared vision, Lands Minister James Orengo, who is from Orange Democratic Movement, seconded the Bill moved by Justice Minister Mutula Kilonzo, allied to the PNU side of Government.

Their unity was also symbolic as they were also part of the representatives of ODM and PNU during the peace talks brokered by former UN Secretary General Kofi Annan after the bungled elections.

Members were also reminded of the troubles the country went through following the disputed presidential elections of 2007, as they embarked on the task of scrutinising Independent Elections and Boundaries Commission Bill.

The commission would first create 80 new constituencies before preparing for the first General Election under the new Constitution promulgated last August.

The first elections under this Constitution are expected to be challenging and more demanding since they would be six elections in one.

An attempt to stall debate on the Bill was thwarted by Speaker Kenneth Marende when he ruled Parliament would discuss the proposed law despite protests from a member of a parliamentary committee.

Nyamweya overruled

Marende overruled PNU nominated MP George Nyamweya, who sits in the Justice and Legal Affairs Committee, who wanted to block debate on the Bill on grounds that the committee did not scrutinise the Bill because of an internal row over its leadership.

Nyamweya and some members of the committee had been pushing to oust Budalang’i MP Ababu Namwamba. The disagreements had stalled meetings.

The Speaker ruled Parliament would continue debating the Bill regardless of the power struggle in the committee. He argued he had not yet been informed of any vote of no confidence against Namwamba.

Marende likened the struggle within the committee to "ping pong" games. "In the meantime, we will proceed to take the Second Reading of the Bill as has been the practice of the House whenever a report by a committee is delayed," he added.

Immigration Minister Otieno Kajwang’ said the defunct Electoral Commission made Kenya ‘a pariah state’ and argued the new officers at IEBC should be punished harshly should they commit electoral offences.

Orengo argued good laws on its own would not achieve much if the country lacked a leadership committed to democratic ideals.

"Some people believe elections is war which you must fight to death. I hope we will have a change of mind and begin viewing elections as a contest meant to determine appropriate leadership for the country," he said.

Orengo said he looked forward to the day when rival candidates would prepare both acceptance and conceding speeches beforehand, and not hesitate to read out the appropriate one.

"This so that I don’t have to face the problem we had with my friend Martha Karua when we spent sleepless times," he said, referring to stormy scrutiny of votes at national tallying centre in 2007.

Karua, who is the Gichugu MP, pushed to have commissioners and other employees of the electoral commission bear individual criminal responsibility and face severe penalties to deter manipulation of polls.

"Those who knowingly flout the electoral code should face severe penalties, including being barred from holding public office for a decade," she proposed.

The former Justice Minister, however, termed the Bill "inadequate" saying Parliament should make it even better through a raft of amendments.

There were also concerns that the Bill ignored the agreements reached by different stakeholders and the legislators called on amendments to reflect the deal that was struck at those meetings. Chepalungu MP Isaac Ruto and Gwassi MP John Mbadi said the Bill brushed aside some of the agreements reached at Naivasha meeting.

"A lot of input into the Bill has been washed away by the Minister for Justice. Reading through this Bill everything we agreed on at the Legal Affairs Committee have been washed away," said Ruto.

Mbadi said the Bill had reduced the qualifications of the chairperson from that of "one suitable as a Supreme Court judge" to "a Superior Court judge".

He also faulted the issue of having the selection panel that will appoint the commissioners, appointed by the two principals, saying the matter should be left to political parties, depending on their parliamentary strength.

Vihiga MP Yusuf Chanzu and Ndaragwa MP, Jeremiah Kioni said there should be some sense of personal responsibility on the part of electoral commissioners if the country is to avoid a repeat of post-election violence.

NhDisputed polls

On Tuesday, as MPs began debate, references were made to what the country went through after the disputed 2007 presidential election and the factors that contributed to the disagreements that led the country to conflict.

Part of the agreement struck during the Kenya National Dialogue and Reconciliation talks to avert conflict was the overhaul of the electoral system ahead of the General Election.

Members cited the report by Justice Kriegler Independent Review Commission (IREC), which warned if the electoral system were not reviewed, the conflict in 2012 polls would make the 2007 violence "look like a Christmas party".

"The entire country is watching us to determine whether we will set up an electoral management system that takes us away from the miasma of violence and corruption of the past," argued Mutula.

Mutula said the Kriegler Report had blamed bungled elections on the lack of an electoral law and the absence of a clearly defined procedure to appoint commissioners, which allowed unilateral appointments by the President, and eroded the credibility of the polls body.

The report, he added, had recommended "a competitive, merit-based and transparent procedure for the appointment of commissioners," envisaged in the Bill.

Mutula defended the proposal for staggered appointments saying it’s meant to ensure the tenure of commissioners do not lapse "all at once during an election year" as happened in 2007.