FILE | NATION Wananchi queue to cast their ballots in the last General Election. The 2012 polls pose a major logistical problems.
By MUGUMO MUNENE mmunene@ke.nationmedia.com and EMEKA GEKARA-MAYAKA emayaka@ke.nationmedia.comPosted Saturday, March 5 2011 at 22:00
In Summary
- Officials fear permanent electoral team may not be created in good enough time to conduct a credible process because of the major logistical blocks on the path
The country is staring at a crisis stemming from the long list of tasks to be accomplished before the electoral commission and the country can conduct a credible General Election next year, experts have warned.
Unease is developing that delays in the passing of critical electoral laws and the establishment of a new electoral body could derail preparations and undermine the credibility of the polls.
Parliament is yet to pass the Elections Bill and amend the Political Parties Act to accommodate requirements of the new Constitution in the management of elections.
The Elections Bill is expected to guide parliamentary, gubernatorial and senatorial elections, registration of voters and campaign financing.
On Friday Isaack Hassan, the chairman of the Interim Independent Electoral Commission, asked Parliament to fast-track the enactment of new electoral laws to ensure transparency and integrity in the electoral processes.
“MPs need to pass the electoral laws urgently to enable smooth management of the elections,” he said.
Mandera Central MP Abdikadir Mohammed, who chairs the Oversight Committee on Implementation of the Constitution, has also warned that Parliament is “losing time”.
“Politics around the next election and the trial of the post-election violence suspects pose the greatest obstacle and could distract constitutional implementation,” he told the Sunday Nation.
He said that in addition to establishing the Supreme Court, Parliament must focus on electoral laws and those setting up devolved units.
Ababu Namwamba, the chairman of the House committee on Legal Affairs, has said that a Bill to establish a new electoral body will be tabled when Parliament resumes, after which it should be established 14 days after the law is enacted.
Commission of Implementation of the Constitution chairman Charles Nyachae says MPs are under obligation to pass electoral laws before the next election as stipulated in the Fifth Schedule.
He says his team has reviewed and advised on a draft Bill on the new electoral commission drawn up by the Namwamba team.
“The country urgently needs laws regarding the elections such as the establishment of the electoral authority, conduct of polls and management of political parties,” Mr Nyachae said.
The electoral commission is expected to be created quickly, lead to the creation of 80 new constituencies and start the registration of about 10 million new voters.
To add to the nightmare those planning next year’s elections are facing, is the need to conduct a pilot election in select constituencies in good time to determine the form and appearance of the ballot papers.
According to the Electoral Commission chief executive James Oswago, the 2012 elections will cost more than Sh20 billion. They are also expected to pose major logistical nightmares.
For example, during last year’s referendum, officials estimated that voters took between five to 10 minutes to mark “Yes” or “No” and cast their ballot. In 2012, a voter will have to mark and cast separate votes for president, governor, senator, county woman representative, MP and county assembly representative.
There is also the possibility that voters will have to elect a councillor and the mayor of their nearest town if the Local Government Act is not repealed before the elections.
To achieve this in an efficient fashion, election officials are estimating that they will need 40,000 polling centres up from the 27,000 used during the referendum.
“I’m beginning to get very apprehensive because it means that we are going to do a lot of things in haste. In our strategic plan, we said that in preparations for next year, if the elections are held in August, we need to be ready by May. I’m worried. If we delay, we have a problem. I’m not saying that there is a delay, but I don’t see a sense of urgency shared by all the organs and all the parties,” said Mr Oswago.
He told the Sunday Nation that his team had shared their budget estimates and strategic plan with the Treasury, hoping to receive some of the money they need this year to lay out the groundwork that will ensure a credible election.
“Kenyans should start demanding more from the elections management body; are we prepared enough? Secondly, they should start putting pressure on those who will create the environment so that the laws are passed and money is made available well in advance. I don’t see any determination that we must not repeat in 2012 what happened in 2007. It’s like we are resigning our fate to the good Lord … we behave the way we want and hope somehow what happened will not recur instead of working hard. That is my worry,” Mr Oswago said.
“As a secretariat, we are ready to run the elections any time. We have the competence, human and technical, to run an election of that magnitude. But we need advance preparations,” he said.
The new Constitution requires that Parliament and the Executive — the two arms that will ultimately make a decision on who will or will not sit on the commission — ensure continuity.
Article 28(2) of the Sixth Schedule of the Constitution states: “When members of the Independent Electoral and Boundaries Commission are selected, regard shall be made to the need for continuity and the retention of expertise and experience.”
Since the permanent commission will manage elections and determine boundaries, some politicians have been pushing hard for some of those who formerly served in the defunct Interim Independent Boundaries Review Commission to be included in the new team.
The matter was the subject of a heated debate at a meeting in Naivasha last week to thrash it out and arrive at a consensus.
The divisions are likely to spill over to Parliament, already already split along the partisan politics played between President Kibaki-friendly ODM rebels and PNU on the one hand and Orange party members allied to Prime Minister Raila Odinga on the other.
Mr Namwamba’s team favours a system where political parties, based on their strength in Parliament, nominate candidates for the commission, said Mr Nyachae, the chairman of commission on implementation.
On the other hand, he said, the Kenya Law Reform Commission favours a system where the President and the Prime Minister will suggest names for Parliament to consider and either approve or reject.
As politicians battle it out and try to upstage each other, anxiety has gripped staff working under the interim electoral commission and who will continue in the permanent one.
Staff who spoke to the Sunday Nation, and requested that they are not named since they had not been authorised to speak to the media, said they would like the new appointments as soon as possible.
For starters, the new commission will still have to resolve the controversial and potentially divisive issue of the boundaries of the 80 new constituencies that the defunct Andrew Ligale-led team and Parliament were unable to conclude.
Under the new Constitution, only the permanent elections team has the power to draw up new boundaries.
On the other hand, the next elections cannot be held unless the new constituencies have been outlined. Mr Namwamba admitted that the House and the country were running behind schedule but said it was possible to make up for lost time.
“We can make up for lost time if we stop the sideshows and focus on what must be done. The Justice Committee has done very well in building consensus on the draft electoral and boundaries Bill. If the Bill can be enacted by month end and the commission formed in April, we would be in a position to get the boundaries issue out of the way and prepare for the elections next year,” said Mr Namwamba.
Justice and Constitutional Affairs permanent secretary Amina Mohammed said the anxieties were genuine, but she was confident that they would be overcome.
“People have reason to be anxious, but as a ministry we feel we are on the right track. By the time Parliament resumes, we can fast-track the Bills,” she said.
It is also yet to be established when the election will be held since there are different legal views.
One view is that the elections should be held on the second Tuesday of August next year.
The other holds that the elections should be held on December 27 next year, exactly five years since the last one in 2007.
Mr Nyachae agreed that there was more than one interpretation of the Constitution but said the focus now should be on the establishment of a Supreme Court as soon as possible to lay to rest some of the unresolved matters.
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