Pressure piles on IEBC to review announced election date

By STANDARD TEAM

Pressure is piling on the Independent Electoral and Boundaries Commission to review its choice of a March 2013 election date.

The electoral body which will be the first to manage an election under the current Constitution is also being asked to redeem itself from allegations by a section of the Grand Coalition that it listened to only one side of the government.

Prime Minister Raila Odinga (centre) and Public Works minister Chris Obure (right) with ODM party delegates after opening a county office in Kisii Town on Sunday. [PHOTO: PMPS/STANDARD]

But the man carrying the biggest burden on his back today is IEBC Chairman Ahmed Isaack Hassan, who not only has to juggle the burden of delivering a credible election but also has to carry along the various political interests in the country so as to avoid the polarisation that led to the 2008 post-election violence.

He also has to juggle two balls at the same; that of ensuring his team has enough time to plan for a credible election; and that of not seeming to have just given President Kibaki an illegal extension of his term in office. While doing this, he will have to contend with the fact that the election date row may end up in court, barring interventions by Parliament, something that could further complicate the planning for elections to usher in Kenya’s fourth President.

The sensitivity of the election date row was discernible from the fact that leaders appeared to have quickly moved from condemnation of his action to calls for dialogue and ceasefire, even if only to cool political temperatures in the country.

Efforts to avert an impasse came, as politicians remained sharply divided over whether the polls should be later this year or on March 4, 2013. Blame, however, went to President Kibaki and Prime minister Raila Odinga for failing to reach consensus, forcing IEBC to step in.

Expired

At the same time Government Chief Whip Jakoyo Midiwo and Makadara MP Mike Mbuvi threatened to move to court to challenge IEBC’s action accusing the election administrator of overstepping its mandate.

Midiwo claimed IEBC had been compromised by Kibaki’s Party of National Unity and had overstepped its mandate. "I want to declare that we shall be moving to court to make IEBC know its mandate and to save the country from Parliament and leadership whose term will have expired," said Midiwo.

Mbuvi and Midiwo separately said their lawyers were preparing to move to court on Monday (to challenge the IEBC decision).

Vice President Kalonzo Musyoka and Eldoret North MP William Ruto urged the IEBC to listen to the dissenting voice of Kenyans and consider another polls date, possibly in December this year.

Ruto challenged the electoral body to engage in further consultation and dialogue to stop the public outcry while Kalonzo assured Kenyans that the emerging dispute would be resolved through negotiation.

He said the IEBC should learn from the mistakes of its predecessor, the defunct Electoral Commission of Kenya and stop making unilateral decisions that are likely to invite confusion in the electoral process.

Unilateral decisions

"On a matter as weighty as the elections date, there should have been further consultations. The electoral body must be careful against making unilateral decisions. They now must establish a mechanism for dialogue so that there can be consensus," argued Ruto.

Said Kalonzo: "Kenyans have differed over the date but let us wok on an agreeable time(frame) that will bring consensus and unity ahead of the General Election."

Ruto proposed that IEBC consult the two principals and relevant committees of Parliament afresh with the view of getting a new election date within this year. "The March date announced by IEBC is not cast on stone, it can be changed, after all, only a fool does not change his mind," he said.

He said it was ironical for the electoral body to give a March date when it had previously publicly spoken in support of elections in December.

"It is an issue that we can discuss and reach agreement. I would thus urge Kenyans not to worry too much about it," said Kalonzo.

The choice of March 4, 2013 by IEBC fanned the bitter rivalry in the Grand Coalition with a section of politicians accusing IEBC of losing its umpire role and taking sides with Kibaki.

Safina Party leader Paul Muite described IEBC’s move as "unlawful and suspect" give it only came days after Kibaki announced preference for a March 2013 date.

Muite argued Kibaki is in office courtesy of National Accord and Reconciliation Act, that created the coalition government, and his continued stay in office "would extend illegitimacy of the Coalition Government."

Justice Assistant minister William Cheptumo called on Kenyans to support said IEBC had been prepared for a December poll but were pushed into picking March next year due to failure by the principals to agree. "There is need for public support for IEBC as they prepare to roll out a credible poll. If we push them and something goes wrong with the election, who will take responsibility for the mess?" Cheptumo asked.

Tourism Minister Najib Balala said the election date should not polarise the country because the additional three months would allow IEBC to put all the structures for a credible poll in place. "The signal we are sending out as leaders by condemning IEBC is not good. We should avoid squabbles similar to the ones that preceded the 2007 election," Balala cautioned.

Tradition

However, Raila and his allies insisted that elections must be held this year to avoid extending Kibaki’s term in office beyond the limit. The premier said it was agreed to move the election date from August as stipulated in the Constitution because it interfered with the budgetary cycle and there was no reason to defer the polls to next year.

"Holding the polls next year will eat into the time of the next parliament reducing its life to four years and five months. We want the polls to be held in December this year and we have the power to say so," said the PM.

"Since the introduction of multiparty politics in 1992 elections have been held every December after five years and that tradition must be observed," Raila said. Immigration Minister Otieno Kajwang’ said: "Elections must be held on December 17 and anybody out to contravene this position will be impeached. It is not right for us to be in office beyond our term."

Law Society of Kenya chairman Erick Mutua supported IEBC saying the electoral body had complied with the High Court directive. He, however, warned that should Raila’s party walk out of the coalition, then elections must be held after three months.

Imenti Central MP, Gitobu Imanyara said IEBC acted out of the failure by the two principals and that everybody should respect the decision.

"Given that the court gave its ruling, IEBC is right because the two parties can’t agree on a date. So let us accept the decision and start preparing for the polls," said Imanyara.

Though he said he preferred the August date, he pointed out that the Court’s decision must be accepted.

Rule of law

He faulted Gichugu MP, Martha Karua’s stand that Raila should quit the coalition government so as to break it and force an early election. National Vision Party leader Nicholas Biwott said leaders should respect the rule of law and engage in dialogue instead of making inflammatory statements.

Presidential hopeful Raphael Tuju expressed support for the election date saying IEBC had followed the Constitution.

Tuju told those insisting that elections should be held in December to seek redress from the courts instead of casing disharmony among Kenyans.

"We cannot say we respect the Constitution when we refuse to accept the date stated by one instrument of the law. As an independent body, it came to the rescue of the situation when no one dared," said Tuju.