Plot to alter law for top job losers

Related Stories

 Let us work together to secure Kenya’s future

 Mutula worried over Bills deadlines

 Federation prepare for SGM to discuss new constitution, leagues

 To abuse or not to abuse? That’s the question

 Where are the women to lead Kenya?

 US Senator asks US and NATO to support Kenya's Somalia incursion

By Isaac Ongiri

A section of Members of Parliament have launched a fresh attempt to provide a soft landing for presidential election losers and their running mates by amending the Constitution and the Elections Act to allow the aspirants to also run for the Senate.

Intensive lobbying and legal and political consultations have kicked off as the group of legislators plan to initiate the amendments.

MPs Charles Keter and Joshua Kutuny are leading a pack of legislators who are rooting for the amendment that could be introduced in Parliament as soon as there is consensus on the matter.

"The idea is to develop a pool of leaders that the country can depend on, individuals who run for presidency should not be condemned to oblivion after losing election, they should have a fall back plan like it happens in other countries like the US, if they lose then they can retain the Senate seats," said Keter.

He said the idea is not for nothing but to develop experience in leaders who aspire to run the country.

Elections Act

"This idea was initially in the Elections Act but it was removed. We want to give it a fresh review and mobilise people to support it," the Belgut MP said.

If the MPs choose to amend the Constitution it may require a national referendum, but they can achieve the same goal by just amending a prohibitory clause in the Elections Act without the need for a plebiscite.

Kutuny, the MP for Cherengany, confirmed that several MPs have been holding talks on the idea. The group held a meeting last evening in Parliament Buildings in Nairobi to brainstorm on the proposal.

Kutuny said that the group was yet to agree on who would sponsor the amendment, adding that the details would be known after a meeting with the presidential aspirants who have already gone public.

Experience

"Running for presidency is not a punishment. We want to bring this amendment so that we can give leaders aspiring to run this country an opportunity to gain experience while serving in the Senate even if they lose the presidential race so long as they win senatorial elections," Kutuny said.

But the leaders are proposing that the eventual winner of the presidency should immediately resign as Senator and concentrate on running the country while a by-election is held to fill the gap.

Gachoka MP Mutava Musyimi, who has declared that he would run for president, said the law was silent on whether aspirants for the top seat can ran for any other position.

"When the Constitution is silent on an issue it does not prohibit it. What I know is that you only relinquish your seat as an MP or senator if you are appointed to the Cabinet," he said.

He, however, said the proposed amendment should be looked at on merit when it comes to Parliament.

Of all the presidential aspirants only Kalonzo and Peter Kenneth have declared they would not be defending their parliamentary seats.

In Uasin Gishu County where Ruto comes from, political hopefuls have kept off the local Senate seat raising speculation that the position might have been reserved for Ruto.

In Lang’ata, Raila is yet to publicly announce he would be defending the seat. Nobody from his party has come up to declare interest in the seat.

But Justice Minister Mutula Kilonzo said the proposal is not acceptable, adding that its proponents would face resistance in Parliament.

"The structure of our Constitution on the Executive demands that those who desire to run the country keep off local issues. That is why ministers will not be MPs. If you want to be President be national. Only serious people should run for president, not jokers," Mutula said.

Though Kenya’s Constitution borrows largely from US, the 2008 Republican candidate John McCain who lost to President Barack Obama retained his seat as Arizona senator while Obama relinquished the Illinois Senate seat after winning.

Amendments obsession

Kibwezi MP Philip Kaloki warned MPs against obsession with amendment of the Constitution, adding that Kenyans should be given time to live with it first.

"Though we have a lot to learn from countries like the US and Malaysia in regard to this matter, it is important that we guard the Constitution against unnecessary mutilation," Prof Kaloki said.

Kigumo MP Jamleck Kamau called on the presidential aspirants to make up their minds on which seats they wanted to run for, and urged MPs not to support the proposed amendments.

"You can’t have your cake and eat it. There is enough time for someone to decide which positions they want to contest in the General Election," Kamau said.

Raila, Ruto, Musyimi, Kalonzo, Deputy Prime Minister Uhuru Kenyatta, Kenneth, and Saboti MP Eugene Wamalwa have declared they would run for president next year.

Assistant Minister Wakoli Bifwoli said it was an abuse of one’s freedom and rights to try to block people running for president from contesting seats in the Senate, National Assembly or county positions.

"This matter may be taken to court because we have learnt the Constitution does not block presidential aspirants from seeking elections in other capacities," he said.

Plans to present another amendment came even as the House is still awaiting the presentation of another proposal by Ndaragua MP Jeremia Kioni, who is proposing to have the Senate scrapped.

Kioni argues that there will be a duplication of roles between the Senate and the National Assembly, adding that a bicameral system is a burden to taxpayers.