MPs get date to debate the amendments Kibaki rejected

Thursday afternoon Parliament reopens debate on the Bill whose drastic amendments to Parties and Elections Acts President Kibaki returned to the House along with a memorandum on why he declined.

The country would be waiting with bated breath to see if MPs would marshal the two-thirds majority to veto the President’s memorandum, or if they will go for the softer option of accepting his proposals on a simple-majority vote.

The two contentious amendments, which are subject of court proceedings, seek to block candidate who do not have university degrees from running for parliamentary, senate and governor seats. The second one allows candidates to switch political parties until Election Day.

Whereas Parliament was set to adjourn yesterday, the matter was, however, stood over to allow time for the House to deliberate on the controversial Statute Law (Miscellaneous) Amendment Bill 2012.

It will be the second time the House will be deliberating on a Bill rejected by the President, this time, however, affecting changes passed by MPs last Wednesday and Thursday.

President Kibaki rejected amendments that had been made to the Political Parties Act, and Elections Act both of which were in the controversial ‘omnibus’ Bill Attorney General Githu Muigai moved.

The Clerk to the National Assembly Patrick Gichohi confirmed to The Standard last evening that Parliament had received the President’s memorandum and that Speaker Kenneth Marende would be making a communication to the House this afternoon on the matter.

Sources told The Standard that since today’s Order Paper had been printed, the stalled changes were only likely to be slotted for debate in the House Thursday afternoon.

But according to the Standing Orders and the Constitution, Members of Parliament will not be expected to reopen debate on the entire Bill, but will only deal with the memorandum the President sent.

If after the debate, the MPs are dissatisfied with the President’s memorandum they will be required to raise a two-thirds majority to reject his proposals, and maintain their amendments.

But in the event they fail the President’s memorandum will carry the day, as it only requires a simple majority to pass the memorandum.

Government Chief Jakoyo Midiwo told The Standard the House Business Committee, which was scheduled to meet last evening, would be responsible for allocating time for debate the President’s memorandum.

 

Decision

 “The House Business Committee will decide this evening (last evening) on when the Bill comes to the House, but I believe the sooner it comes the better because it affects many other matters,” he added.

But Mr Midiwo, while commending the President for rejecting the amendments, said the Head of State should have also rejected the amendment that allows presidential election losers to be nominated to Parliament.

“The President did very well in returning the Bill, but that amendment that gives presidential candidates leeway to return to Parliament should also have been done away with. But I am sure the courts will find it unconstitutional,” he added.

Midiwo said there was no way a person can purport to run for president then turn around to want to join the Legislature, adding that this meant one would be running for two offices at the same time since the party list is supposed to be presented 45 days before the elections.

He explained he was in agreement with the President on barring party hopping, arguing it was unfair for one to jump ship at the last minute when the party has invested in them.

On the university degree qualification, Midiwo said he was in support of the President’s move arguing Parliament was not a classroom.

“If the degree requirement was in place 10 years ago, I would not have met Njenga Karume. Section 38 of the Constitution states that every Kenyan is free to contest for any position and by placing the degree qualification it would be discriminatory,” he added.

On Monday President Kibaki gave a reprieve to about 80 MPs, who would have been barred from running for elections because they are not university graduates.

Also celebrating with them following President Kibaki’s decision to return the amended Bill to Parliament, must be aspirants who lacked the papers to meet the requirement. The requirement was earlier removed, but MPs reinstated it last week.

The MPs could also have a new nightmare because it means a vote will have to again be taken on the changes it made to the Elections Act to sanction last-minute party hopping.

This was what the MPs jealously guarded, even to the point of locking out their colleagues without degrees and blocking presidential candidates from running for any other elective post.

The President seems to have acted against the backdrop of mounting public pressure and, especially, the civil society over what they saw as subversion of the spirit and letter of the Constitution.  There are also court cases accusing Parliament of acting outside its powers.

The President communicated his decision after Prime Minister Raila Odinga and Vice-President Kalonzo Musyoka spoke the same language, particularly on preference for removal of barriers against non-degree holders. This was a further sign there had been discussions high up in Government on the matter.

The two could only have been communicating what had been agreed. The MPs, some of who had complained they passed the amendments without knowing the impact on them, will now have another opportunity to review their decision.

While declining assent to the Statute Law (Miscellaneous) Amendment Bill 2012 that contained the controversial changes, President Kibaki said changing parties was subject of various court cases.

“The President refused to sign into law the Statute Law (Miscellaneous Amendments) Bill 2012 in exercise of the powers conferred on him by Section 46 (3) of the former Constitution,” added the memorandum.

The President said the cases were still pending in court and in keeping with doctrine of separation of powers, matters before court should not be subject of parliamentary legislation.

On university degrees for those vying for president, deputy president, governor, and senate, Kibaki said the matter was also the subject of a court case Johnstone Muthama filed.

The Kagundo MP is challenging the original provisions relating to the requirement of post-secondary qualifications to vie for elective posts.

Kibaki cited the principle of separation of powers and recommended that the section be deleted from the Bill.