Saturday, January 14, 2012

2013 ballot date throws lifeline to rebel MPs



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By NATION CORRESPONDENT
Posted  Friday, January 13  2012 at  22:30
MPs wishing to switch political parties before the General Election got a reprieve on Friday after the High Court ruled that Kenyans will vote in 2013 or if the coalition government is dissolved before.
The first option could see the country go to the polls in March next year while the second could see the elections held later this year, most likely in December.
Sources told Saturday Nation that the two principals were unlikely to dissolve the coalition government as “they would not want to cut short their comfort.”
“It is a bonus for them as nobody can refuse an extension of huge perks and comfort,” said former Subukia MP Koigi wa Wamwere.
If the court had set an August date, they would have been forced to resign by April.
This would have reduced their term by a whole eight months.
If elections are held next year, MPs, mostly from Eldoret North MP William Ruto’s United Republican Party have up to mid-October to officially join their new party. (READ: Ruto launches URP for presidency)
They will have lost two-and-a-half months pay as Parliament would be dissolved in January.
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A reading of the Constitution, the Political Parties and Elections Acts shows that political parties must carry out nominations three months before the election.
And for one to be nominated, he or she should have been a member of that party for at least 45 days.
This is the first time MPs will be forced to resign to join new political parties.
Turkana Central MP Ekwee Ethuro, who recently aligned himself with Mr Ruto’s URP, said the ruling favours his group as it gives them time to market the party.
“We now have time to move around and sell the new party,” said Mr Ethuro, who was elected on a Kanu ticket.
Eldoret South MP Peris Chepchumba Simam concurred.
“That was a sober interpretation of the law. It would have been a contravention of the Constitution to deny us our full term,” said the MP, elected on an ODM ticket.
Kilome MP Harun Mwau went to court to seek orders setting the next election in March 2013, saying he was sworn in on January 15, 2008 and his five-year term should end on January 14, 2013.

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