Saturday, January 14, 2012

Leaders, public react to ruling on polls date



By Vitalis Kimutai, Patrick Beja and
Mutinda Mwanzia

Constitutional Affairs Minister Mutula Kilonzo has welcomed court ruling on election date and revealed he is ready to withdraw the Constitution Amendment Bill pending in Parliament.
The Constitution Amendment Bill 2011 proposed by the Cabinet had sought to change the election date from August to December.
"I am ready to withdraw the Bill pending in the House on election date if majority of Kenyans accept the court verdict. But that part touching on gender parity would remain," Mutula said.
Mutula clarified that following the court decision, the fear that President Kibaki’s term may expire before elections are held have been allayed adding that the transitional clauses also took care of the matter.
Gichugu MP Martha Karua said the ruling by the court was off the mark.
She said that the ruling should be appealed at the highest court, saying it was against the spirit and letter of the Constitution.
"No where, not even in the worst dictatorships can the calender of elections go beyond the set term," said Karua.
Kasipul parliamentary aspirant and a businessman, Odoyo Owidi, said the ruling is a challenge to President Kibaki to offer patriotic leadership to secure his legacy.
"President Kibaki knows his term ends on December 30. To avoid a power vacuum even for a day, he and the Prime Minister should agree to dissolve the coalition in October, to allow for a mid-December elections," he said.
"This is not too much to ask for a country that has placed the President in national leadership for about 50 years, Mr Odoyo told The Standard On Saturday.
Metropolitan Minister Njeru Githae and Energy Assistant Minister Langat Magerer said there would be no vacuum if the elections were held in December, as President Kibaki was sworn-in on December 30, 2007.
Transition clause
"The constitutional transition clauses anticipates such a situation and states that the President in power would wield executive powers until such a time that a new President is sworn-in," Githae said.
Githae and Magerer said the verdict had also eased the burden on the taxpayers who would have been expected to shoulder the cost of compensation for MPs if elections were held in August.
Constitutional Implementation Commission Chairman Charles Nyachae said the fact that the High Court had put to rest speculations on when the election would be held was good for the country.
"The judgement re-affirms resolving conflicts of constitutional nature is through the courts," Nyachae said shortly after the ruling.
University of Nairobi lecturer and political analyst Adams Oloo said the judgement had given political parties, which were in disarray ahead of the election a new lease of life.
"The verdict was definitely music to the ears of MPs who will have more time to enjoy their parliamentary perks, and also to civil servants who had been asked to resign if they were interested in contesting elective posts," said Oloo
Dr Oloo said the biggest loser would be voters most of whom were ready to vote out at least 65 per cent of the MPs in the next General Election and would now have to wait a little longer to do it.
Onesmus Murkomen, a Moi University law lecturer, said the ruling vindicates the position of the Justice and Constitutional Affairs Minister Mutula Kilonzo.
"The IEBC now has adequate time to prepare for the General Election and ensure the poll is free, fair and transparent," Mr Murkomen stated.
He said the election should be held in January immediately after the term of the current Parliament expires instead of March as the High Court hinted.
National Chairman of the Community Based-Organisation Tom Aosa said holding polls in March would disrupt school calendar.
"The best time to hold the elections is in December when most Kenyans are on holiday and can take part," Mr Aosa said.
Dujis MP Aden Dualle said the new date would allow political parties to comply with Elections Act, Political Parties Act, and Independent Electoral and Boundaries Commission Act.
Free and fair election
"We in the United Republican Party now have more time to build the party," Mr Duale said.
He added: "Still, we were ready for the election had the High Court ruled it would be in August or December." Mosop MP David Koech said it was good the judges considered many issues needed to be put in place to ensure free and fair elections.
"My only concern is it would interfere with education, as schools are used as voting centres. We need to factor that in," Koech said.
Koech said it would give new political parties time to consult, come up with manifestos, recruit members, and educate them on party membership.
Gwassi MP Mbadi differed with the ruling, arguing transitional clauses could not override substantive clauses like the one fixing the polls date in August.
"I am disappointed. Judges have picked the easiest route. Even if it is not practical to hold elections in August, the judges should have acknowledged the date," he said. 
Law Society of Kenya Council member lawyer Eric Mutua said the ruling would be challenged.
City Clerk Philip Kisia, who is eyeing the Nairobi Governor’s seat, said the two principals should agree to December elections.
Tourism minister Najib Balala welcomed the ruling by a three-judge Bench on the election date, saying it would ensure adequate preparation by the Independent Electoral and Boundaries Commission for a credible election.

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