THE TROUBLE WITH MARCH AS ELECTION DATE-THE RAILA ODINGA SECRETARIAT

THE RAILA ODINGA SECRETARIAT

THE TROUBLE WITH MARCH AS ELECTION DATE


National debate on the next General Election date has so far tended to be loud, as is the character of our debates. In the din, we risk losing some very fundamental issues of national concern.

1.There is a need for cooling of temperatures, so that we can address the critical implications of a March 2013 election and find an appropriate way forward.

2.Aside from the traditional practice of going to the polls in December, the Prime Minister has raised concerns about disrupting the school calendar and the farming season with political campaigns that could very well take the entire first half of next year. This is definitely not desirable, especially when it is not exceptionally obligatory or necessary.

3.A March election also raises serious timeline issues for the Government's annual financial estimates. It is important to read the Articles of the Constitution that pertain to elections, together with those on the financial estimates. It is important to recognise, too, that our Government budget is also enshrined in the East African Community Treaty. This, among other things, requires that the financial estimates be made in June, together with those of Uganda, Rwanda, Tanzania and Burundi. In the event that we go to the polls in March, there is every likelihood that we could place not just the Kenya Government budget but also the EAC budget process in jeopardy.

4.Article 221(1) of the Constitution provides that estimates of revenue and expenditure be submitted to the National Assembly at least two months before the end of each financial year, vide April 30. A March election date does not take into account the necessity for a new Treasury Cabinet Secretary to be in position early enough to prepare and submit the financial estimates to Parliament by April 30.

5.We risk running into a constitutional crisis in trying to impose on a new Government and Parliament the duty of approving and executing a budget they did not take part in preparing. In any event, any unfinished business by the Tenth Parliament will die with its dissolution in January. This has enormous implications.

6.The Constitutional articles on assumption of office by Parliament  126(2) and assumption of office by the President 141, when read together with the articles on procedure for election of the President Article 138 and Article 140 on questions as to validity of Presidential election, indicate that Kenya could very well get into July 2013 before a validly elected President takes office.

7.In the foregoing scenario, the activities of Government, and especially the budget process, will completely be paralysed. Article 222 that allows Parliamentary authorisation of withdrawal of Government funds from the Consolidated Fund before assent to the Appropriation Act cannot even bail the country out of this mess, on account of the fact that the new Parliament cannot begin its business before there is a validly elected President. The outgoing President cannot begin working with the new Parliament even as the nation goes through questions of validity of a Presidential election.

8.These are extrremely weighty matters that need level-headed engagement. While the IEBC has taken into account timelines that govern processes that must be complete before the elections, it has certainly not considered timelines within the electoral process after the selected polling day. The IEBC has not considered the adverse impact of these timelines on the life of the nation and on Government expenditure.

9.Let us reason together and correct these matters while we still have the time.

RAILA ODINGA SECRETARIAT

MARCH 20,2012.