Shocker for Kenyan MPs

By MARTIN MUTUA and PETER OPIYO
An estimated 80 Members of Parliament who effectively stood barred from running in coming elections because of they lack university degrees must have toasted to the high heavens.

Also celebrating with them following President Kibaki’s decision to return the amended Bill to Parliament must be all candidates who lacked the requisite papers to meet the requirement first removed and later reinstated by MPs last week.

But 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 party hopping till election day.

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.

But one thing seems certain; the MPs may lower the bar for those without degrees to run for the three posts, but it is unlikely they will outlaw party hopping within the election date because usually this is the season of defections — where those who lose out nomination tickets cross to other parties.

It is also now uncertain if the MPs will also revisit the clause they had introduced at the amendment stage to allow political parties to nominate candidates who will be beaten in the presidential race back to Parliament.

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 and the two were only communicating what had been agreed upon.

While refusing to assent to the Statute Law (Miscellaneous) Amendment Bill 2012 that contained the controversial changes, Kibaki in a memorandum he sent to House Speaker Kenneth Marende last evening, said the issue of 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.

Court cases
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 legislation by Parliament. In what may be unpleasant news to the MPs, the President proposed the amendment be deleted from the Bill.

On university degrees for those vying for the presidency, deputy President, Governor and their deputies, Kibaki said the matter was equally the subject of a court case filed by Kangundo MP Johnstone Muthama.

Kibaki in refusing to assent to the Bill on this matter cited the same reasons of separation of powers and recommended that the section be deleted from the Bill.

In keeping with parliamentary practice and the Standing Orders, Parliament will have to pass the President’s memorandum through a simple majority or reject it by a two-thirds majority.

Prior to the President’s move, Raila and Kalonzo were in agreement as they rejected the amendment on MPs being holders of university degrees. The PM also criticised MPs for amending the Political Parties Act to allow party hopping without necessarily having the defecting MPs lose their parliamentary seats.

Raila revealed he had consulted with President Kibaki and agreed that the amendments infringed on the rights of Kenyans.

“I did consult with the President on this before and he knew I was going to make this statement. We are in general agreement that the amendments were unconstitutional and infringe on the rights of Kenyans,’’ Raila went on. “Currently, less than two per cent of Kenyans have a university education.

Kenya cannot now turn round on the people that the country has been unable to provide with educational qualifications and punish them for lacking those qualifications,” said the PM.

Coming out of a Wiper Democratic National Executive Council meeting Kalonzo called on Kibaki not to assent to “selfish and retrogressive amendments”.

Governance
Kalonzo said it was wrong to bend the law in order to favor a few people, adding that the Bill, if signed into law would reduce the standards of governance.
While at Kathiani, Kalonzo had said it was unfair to block non-degree holders while some of them had experience and training in various fields.

Kalonzo also put up a case for people with disabilities, arguing that the amendments must not be allowed as they would deny them the right to claim seats reserved for them in the Constitution.
Lands minister James Orengo said: “I welcome what President Kibaki has done. It is not about numbers in Parliament. It is about doing what is right and what is faithful to the Constitution.” 

MPs had proposed the amendment to the Elections Act, arguing that Parliament needs quality leadership to be able to effectively practice its oversight role given that Cabinet secretaries would be individuals with higher qualifications and experts in their fields.
“These amendments serve to remind us that the new Constitution has many and powerful enemies on a mission to scuttle the rise of a new constitutional order,” cautioned Raila.

Transport minister Amos Kimunya and Finance Minister Njeru Githae, argued the Salaries and Remuneration Commission would peg salaries on qualifications and it was prudent for MPs to raise the academic bar in Parliament if they expected to earn more.

But Raila said this would lock out the youths, some of whom at 22 years of age are eligible to run but won’t have secured their degrees.

— Additional reporting by Ally Jamah