Kibaki's hand in election date row

By Standard Team

President Kibaki's hand was instrumental in the picking of month of March next year for elections and he even vetoed Cabinet discussions on the matter arguing that the High Court had settled this matter.

It was because of the President’s direction that the December 17 date suggested by Cabinet through a proposed amendment Bill was abandoned, ostensibly because a court had cleared the way for a March 2013 date or an early election if the principals dissolved the coalition. The revelation came as Independent Electoral and Boundaries Commission chairman Isaack Hassan maintained the March 4, 2013 date, which could give President Kibaki an extension of his term, was on and can only be overturned by a court decision or Parliament.

But separately The Standard established that State House ignored letters from IEBC seeking a joint meeting on the election between itself, the President and Prime Minister Raila Odinga.

"We are going full steam, starting with a mock election in Kajiado and Malindi. If court or Parliament takes a decision we shall comply,’’ said Hassan while maintaining the date was picked through consensus by commission members.

President Mwai Kibaki [PHOTO: FILE]

Sources familiar with the row building up between Kibaki and Raila, both of whom the court had declared could give way for early elections by formally dissolving the Grand Coalition, now reveal why the two principals never met to discuss the date.

It also turns out the IEBC went to see the PM only after meeting Kibaki on his own, who made it clear to them he was keen on a March 2013 date, and so when IEBC officials met the PM later in the day, they briefed him on what Kibaki said and his views were taken.

Opening up

It is said the PM gave his views on why he wanted a December date, but curiously no one went back to the President for direction after what the PM had said. In fact, a meeting was already scheduled for the on Monday but then IEBC announced the election date on Saturday, a day after meeting both principals separately.

The two leaders failed to meet because President Kibaki opened up the meeting to other Party of National Unity ministers and when Raila told Office of the President he will in turn bring along Deputy Prime Minister Musalia Mudavadi and Lands minister James Orengo, it was put off.

Those who were to attend the meeting were Vice President Kalonzo Musyoka, Internal Security minister George Saitoti, Justice minister Mutula and Internal Security PS Francis Kimemia.

The chronology of events around Cabinet and President on the election shows that when the issue of amending the Constitution, which sets the election date for August, first came up in Parliament, Kibaki supported it. However it said that Energy minister Kiraitu Murungi and Orengo warned against opening up the Constitution to amendments, unless it was just to address the issue of gender balance. It was at this point that the President gave clearance for the drafting of the amendment Bill by Mutula.

"On Friday morning (last week), Office of the President said it had scheduled a meeting for Tuesday A short while later, IEBC said it had been called to OP for a meeting with Kibaki. OP had said the meeting would be between the president and IEBC alone and did not include PM," revealed a source familiar with the events preceding the announcement of the election date. "IEBC sought to meet the PM after meeting Kibaki, which Raila granted. In late afternoon, IEBC came to Raila’s office and briefed the PM on their meeting with Kibaki. They said Kibaki wanted elections in March on grounds that it’s what the court said," he added to underline Raila’s shock at the fact that IEBC settled on Kibaki’s month of choice without coming back to him, getting back Kibaki, or waiting for the meeting that was to take place on Monday.

Sources told The Standard that the particular Cabinet meeting ended in confusion after Kibaki dismissed the issue of having the matter debated once it was raised by Raila and supported by Mutula.

"But it seems Hassan and his team had already been instructed by the Head of State that the polls must be held in March 2013 because when they left the PM’s office on Friday evening they promised to consult on the matter only for him to announce the next morning the March date, begging the question, whom did he consult," lamented another senior member of government.

When contacted Mutula denied he had been instructed to withdraw the amendment Bill that is now awaiting debate in the House after the mandatory 90-day period for collation of public views. "To withdraw the Bill from Parliament I will require a Cabinet decision in writing and that has not happened...the Bill is property of the House and Parliament might decline to let it go," he added.

Mutula warned against the proposal by Gichugu MP Martha Karua that Raila breaks up the coalition by walking out, asking: "If the PM walks out of the coalition now does Martha (Karua) or even the PM have a voter’s card that they will use to vote?"

He suggested the better option was for the PM to marshal the numbers, take over the Bill and push it through Parliament.

Education minister Prof Sam Ongeri supported the March 2013 date but cautioned it would mean schools will have to be closed as this is usually exam season and most of the institutions serve as polling stations. He also took on Raila over criticism against the Judiciary.

"If we keep shifting goalposts for selfish political interests, this country will never move on. Let’s agree with what the IEBC has settled on so as to avoid confusion," said acting Finance minister Njeru Githae.

Kiraitu criticised those claiming Kibaki would be illegally in office should the General Election be held in March, arguing the Constitution is clear he will only leave after his successor takes oath of office.

Saboti MP Eugene Wamalwa challenged Raila to walk out of the coalition and pave the way for elections this year. "The IEBC decision on the election date is not cast in stone. It can be rescinded if the two Principals make a written agreement which would result in collapsing of the Grand Coalition government," Wamalwa suggested.

"Hassan has repeatedly stated told the country that IEBC was ready to conduct an election this year. They should give us good reason why they picked next year for the poll," said Mr Micah Kigen, vice chairman Friends of Raila lobby group.

"Politicians should give IEBC time to plan for the election and we should now concentrate on campaigns and not sideshows," advised Lugari MP Cyrus Jirongo said.

Meanwhile, Chief Justice Willy Mutunga has termed as "deeply troubling" remarks by Prime Minister Raila Odinga on courts decision on the election date.

freedom of speech

"As a creature of the law, he is a critical and fundamental arm of the Executive. He must be aware that he bears a duty to uphold and protect the independence of the judiciary as required by the Constitution-especially in instances where he is unhappy with its decisions," said Mutunga.

The PM was reported as accusing the IEBC of relying on a ruling made by ‘korti bandia’ (not well-deserving courts) to fix the date.

But the CJ said such remarks give the impression the Executive was sanctioning impunity. "Such unprovoked utterances are as unfortunate as they are unacceptable. They reek of Executive impunity and have no place in a properly functioning democracy," said Mutunga calling on leaders to exercise freedom of speech within the law. The High Court, in January, called on the two principals to agree on when the coalition can be dissolved to pave way for elections. It also gave IEBC authority to set elections date.