MPs pass laws with their welfare in mind

By Alex Ndegwa

Presidential hopefuls must weigh their chances after Parliament rejected an attempt to allow them contest parliamentary seats as soft landing should the bid for high office collapse.

Garsen MP Danson Mungatana’s proposal to have presidential candidates allowed to contest parliamentary seats, as has been the case, or vie for senate or governor so they are not – alongside their running mates – condemned to political obscurity was defeated.

Mungatana, Narc-Kenya’s secretary general, later lobbied for another amendment, which handed losing teams a fallback position. The Elections Bill passed on Friday evening, bars any candidate nominated for an election from being listed in the party list.

University degree

Parliament imposed a university degree as the minimum academic qualification for eligibility to vie for President, Deputy President, Governor and Deputy Governor. And not any bogus certificate but one from a university recognised in Kenya.

But a proposal to require candidates running for parliamentary seats to be also holders of a university degree was defeated by a vote of 56-39 during heated debate on amendments to the Elections Bill.

MPs also made recall harder by providing it would only be exercised if a member is found "after due process of the law" to have violated the constitutional requirements on integrity, mismanaged public resources and is convicted of an offence.

They also lifted a caveat that barred a recalled member from defending his/her seat in the subsequent by election.

The period for parties to nominate candidates for an election was shortened from at least three months before a General Election to 45 days apparently to provide room for party hoppers.

MPs similarly expunged a clause that barred a person who had participated in the nomination of a party from seeking the ticket of another party. This provided a lifeline for defectors who switch parties after falling out over nominations.

But the dilemma is a provision that stipulates a party that nominates a person for election shall submit to the electoral commission a party membership list at least three months before the nomination of the candidate.

Cabinet minister Beth Mugo, MPs Charles Kilonzo (Yatta), David Koech (Mosop), Julius Kones (Konoin), Abdul Bahari (Isiolo South), Ekwe Ethuro (Turkana Central) and Aden Dualle (Dujis) defended the deletion saying party bosses were dictatorial and manipulated nominations.

Party chiefs Cabinet ministers Moses Wetangula, Kiraitu Murungi and Amos Kimunya and Mungatana lost out in the attempt to preserve the clause for party discipline.

Mungatana had moved the amendment to allow presidential candidates contest parliamentary seats, as has been the case, so they are not condemned to political obscurity should the run for president collapse.

Proponents argued it was undemocratic to restrict the options for presidential aspirants but opponents charged some also-ran exploited the opportunity to prop up their chances to get to Parliament.

But MPs Bonny Khalwale (Ikolomani, New Ford Kenya), Jakoyo Midiwo (Gem, ODM)) and John Mbadi (Gwassi, ODM) opposed the amendment, saying those running for President must make up their minds.

But while Article 97 of the Constitution on composition of Parliament provides for 12 nominated slots for parties, it clarifies they are to represent special interests including the youth, persons with disabilities and workers.

Punitive measure

MPs amended the Bill to permit fund raising for aspirants and political party.

The exemption is to the sanction that a person who participates in a harambee within eight months preceding a general election shall be disqualified from the contest.

The proposal by Mungatana for those seeking positions in the National Assembly and Senate to possess degrees was bitterly fought by members who protested it would lock out suitable leaders.

"This decision has far reaching effect especially on women. Some of the best performing ministers do not have degrees like the rest of us," Tourism Assistant Minister Cecily Mbarire said.

"While I appreciate why a university degree would be requirement for offices of President and Governor I can’t see the logic for legislating for other positions. This is a punitive measure," said Rev Mutava Musyimi.