IEBC sets date but debate on next poll rages

By LILLIAN ALUANGA

The Independent Electoral and Boundaries Commission’s announcement of election date ends speculation but not debate on the timing of the country’s first poll under a new Constitution.

Perhaps at no time in history has debate on an election date generated such interest and varied reactions, tinged with constitutional and political interpretations on when the country should go to polls.

Although on Saturday’s announcement by IEBC chairman Isaack Hassan to have elections on March 4, 2013 effectively ends speculation on the matter, it is crucial to note a combination of factors that have characterised the tricky search for a date.

Argument on the ideal date has been centred around the Constitution’s provision’s vis-a-vis the practicality of its implementation, political interests and feasibility of meeting timelines within which various pieces of legislation including those on elections, should be in place.

"Many arguments were based on the fact that the Constitution stated one thing but that it was not practical to stick with what was stipulated under the current situation. For instance the Constitution is clear on an August date for the elections but it was not practical to do so then because proper structures were not yet in place " says Kenya Election Observation Group Steering Committee Executive Director Kennedy Masime.

Determining when the country should go to polls also posed a unique challenge this time around given the vested political interests of the Grand Coalition and the anxiety generated by uncertainty over the issue.

"There are several factors at play which have always made this issue contentious," says Kenyatta University lecturer Edward Kisiang’ani.

According to Dr Kisiang’ani, the anti-reform forces bent on maintaining the status quo viewed varying election dates as one way of attacking a Constitution they were not in favour of from the start.

Political parties

It has been argued that some legislators and by extension political parties favoured a March 2013 election to give them more time to put their houses in order.

Masime, however, discounts the notion that MPs would want to stay in office until March 2013 simply to draw more allowances.

"I don’t think so. In any case they will be spending a lot more than they would have earned during that time on campaigns," he says.

Major differences between political parties also made it difficult to have a unified approach in determining an election date, with both sides of the coalition pushing for different dates. A move to lump the election date and gender representation issues into one Bill was also viewed by some quarters as an intimidation tactic aimed at pushing the legislature into a corner.

Kisiang’ani says while it is true that there are some contradictions between the Constitution and its Schedules, with regard to the election date, it is worth noting that the Constitution’s main chapters cannot be sub-sets of the schedules.

"In the event that there is a conflict between the two, then the main Constitution should prevail," he says. Under previous regimes, determining an election date was solely the Executive’s decision and a powerful political weapon employed by the president who could dissolve parliament at will. This has, however, changed under the new Constitution, where the Executive wields no such power.

Although the Constitution is clear on when elections should be held — on the second Tuesday of every fifth year — arguments fronted in favour of a December 2012 or March 2013 poll were based on provisions within the Transitional clauses which provided flexibility on when the first election under the new Constitution could be held.

On one hand has been the argument to hold elections in August 2012, as provided by the Constitution. Those opposed to an August date fronted several arguments including that schools would still be in session at the time. But it is worth noting that should the proposed changes in the school calendar be adopted then a similar situation is likely to arise with the March date.

On the other hand, however, was to have elections in December 2012, thereby giving the IEBC ample time to prepare for the poll.

According to Kisiang’ani reactions to the election date announced by IEBC are likely to set off another round of debate particularly on the expiry of President Kibaki’s term.

It has been argued that Kibaki would be illegally in office anytime after December 30, which marks expiry of his five-year term.

In contrast to previous years, determination of the country’s next election was presented to the High Court whose interpretation of the Constitution on the same gave several likelihoods.

Among the scenarios painted by the ruling was that the current parliament serves its five-year term, which in effect meant the elections would be held in 2013.

The other likelihood was for the elections to be held this year if the Grand Coalition collapsed for any reason, including consensus by the principals to dissolve it.