Elections Must Be Held In 2012

THURSDAY, 11 AUGUST 2011 17:13 BY JOSEPH KAMOTHO

From the deafening noises at public rallies and funerals, it is emerging that certain clauses in the new constitution, are faulty, unrealistic and contradictory. Interests in the executive structure clouded the deliberations by the inter parties Parliamentary Select Committee on the Constitution and other stakeholders when the harmonised draft was presented for scrutiny and necessary changes.

It is too late in the day to imagine moving amendments to the constitution whose belated delivery was shrouded in controversy, manipulations and intrigues. MPs elected under the old constitution have no business clamouring for an extension when the same is not part of the transitional clause. The constitution is categorical that general elections for president, senators, governors, members of parliament and County parliamentarians will in future be held on the second week of August in every five years.

Another controversial clause that escaped the attention of MPs is the affirmative action that states that a third of elective seats in the country and in counties should go to women. This clause contradicts the Bill of Right, undermines voter rights and locks out aspirants from the opposite sex.

Controversy also surrounds the ban slapped on parliamentary party leaders from holding political party posts. State officers including MPs are banned from holding party positions as a precautionary measure against locking out rivals in the nominations for elective posts. Direct nominations of party leaders and their sycophants will be things of the past and it is that hard reality that fails to amuse parliamentarians who have since vowed to amend the Political Parties Act.

Legislators don’t seem to learn from past mistakes of their immediate predecessors who placed their interests above national issues during the making of the first constitution for the country in 2003/4.

The ninth Parliament played down the deliberations of the National Constitutional Conference at Bomas in which they were active participants but failed to add value to the debates. Contrary to the rules of procedure, they re-opened the draft for palatable amendments. It remains to be seen how some of the cacophony in the legislature will impact on the implementation of the constitution and on the transition to a new political dispensation.

 The writer is a former cabinet minister and Kanu secretary.