Confusion reigns over ruling to cancel Kamukunji poll

Written By:Glena Nyamwaya,    Posted: Sun, May 22, 2011

ODM secretary general Anyang' Nyong'o says the calling-off of the Kamukunji by-election denies the voters a right to representation

Orange Democratic Movement (ODM) secretary general Prof. Peter Anyang' Nyong'o has accused the courts of causing confusion in the country's political leadership.

Prof. Nyong'o said that last Friday's ruling that cancelled Monday's by elections for the Kamukunji seat was an interference to the voters' rights to elect a representative in Parliament.

He was speaking at Wagai trading centre in Gem district, Siaya county where he, together with four other legislators addressed a campaign rally for the ODM candidate for the Central Gem ward civic seat, Obat Wasonga.

Prof. Nyongo who was flanked by MPs Jakoyo Midiwo (Gem), John Mbadi (Gwasi), Martin Ogindo (Rangwe) and David Were (Matungu) said that the party will petition the ruling, saying that the judge should have looked at the implications of the ruling before making a judgement.

The ODM secretary general said that the National Vision party candidate who went to court, Paul Waweru Mwangi had participated in the Party of National Unity (PNU) nominations but was floored and wondered how he ended up in the NVP.

Prof. Nyong'o however maintained that ODM will go on with its election plans while awaiting direction from the courts and the Interim Independent Electoral Commission.

The Institute for Education in Democracy (IED) on Sunday said the timing and the delivery of the injunction, just some two days to the by-election does not seem right.

They raised concern over the public interest in the key by-election as well as the heavy public and private resources that had so far been invested into the by-election especially the public finances invested by the IIEC.

According to IED, Section 84 (e) of the new Constitution clearly states that electoral disputes arising from nominations will be settled by the Electoral Commission and can only be entertained after the declaration of the elections results.

The IED therefore finds it difficult to understand why the court injunction was issued and why the by-election was stopped.

 In a statement the IED says "the stoppage of the by-election in Kamukunji Constituency in our view constitutes unnecessary interference in the management and conduct of elections."

The institute has however called on the voters and stakeholders in Kamukunji Constituency to remain calm and patient as the final Court verdict on the by-election is awaited.

Ruling receives support

A section of Nyeri County leaders have welcomed landmark High Court ruling that stopped the Kamukunji by-election that should have been held tomorrow.

Special Programs Minister Esther Murugi, former Information Minister Mutahi Kagwe and former Mathira MP Nderitu Gachagua on Sunday said the ruling will give IIEC the teeth it needs to enforce the Political Parties Act to conduct fair elections in future.

Murugi however faulted the timing of the ruling saying that had it come earlier, it would have saved the public funds spent by the IIEC on preparations.

They were all in agreement however that the ruling will introduce discipline in political parties by curtailing party-hopping by candidates who failed to get nominated by their parties of choice.

Mr. Kagwe, who is the Secretary General of the Social Democratic Party said the ruling has sent a strong message that the Judiciary will no longer tolerate corruption in the electoral process. He added that parties must now come up with the necessary internal structure to streamline their nomination processes in order to ensure fairness.

Kagwe however said there was no wrong time to do the right thing, adding that the money to be lost because of the ruling was a small price to pay as compared to losing the path of reform that the country has chosen.

"I believe the court was guided by the principle of the lesser evil by not allowing a flawed election to go on and not considering the cost of the postponement," Kagwe added.

Mr. Gachagua, who is the chairman of the Political Parties Liaison Committee said the ruling signaled the end of impunity in the electoral process and that it would prevent irregularities in future elections and costly petitions for the contenders.

He also noted that the Kamukunji ruling will enhance democracy in future as parties will be wary of botching up their internal nominations in future.

Poll officially called-off

Meanwhile the IIEC on Saturday called-off the Kamukunji by-election exercise, saying the high court order set a bad precedent in elections.

IIEC chairman Issack Hassan however said the electoral body will on Monday file an appeal against the court order that saw a loss of 40 million shillings in public funds that the IIEC had used to prepare for the Kamukunji poll.

The Kamukunji campaigns came to a close Saturday with Vice President Kalonzo Musyoka and Deputy Prime Minister visiting the area for the final rally to win votes for the PNU candidate Yusuf Hassan.

The two coalition partners ODM and PNU have recently traded blame over the high court order with each side claiming the other was out to frustrate the poll because they had foreseen a defeat.