Crisis as deadline lapses for enactment of vital election rules

By Martin Mutua  and Peter Opiyo

Failure to enact election regulations to guide the conduct of March 2013 polls is causing jitters.

The rules are supposed to guide political parties, candidates and voters but the deadline for passage of the regulations lapsed on Tuesday.

Justice Minister Eugene Wamalwa tabled the rules on Thursday, last week, and three joint House committees asked to scrutinise them.

But sources told The Standard the committees hit a brick wall since there were many loopholes yet time had run out.

Sources who attended a meeting on Monday said the Committee on Implementation of the Constitution (CIOC), Justice and Legal Affairs and the Delegated Legislation committees resolved to shelve discussions and seek an amendment to the Elections Act cap 109 (3) to seek an extension for at least one month since stakeholders had not been consulted.

“There is no way we can pass them because time has lapsed,” added a member who preferred anonymity.

Interestingly, a day after Wamalwa tabled the rules, Attorney General Githu Muigai surfaced with another set of regulations, which he forwarded to Speaker Kenneth Marende.

When contacted, the chairperson of Delegated Legislation Amina Abdalla confirmed the committees had not made progress.

“But what is happening is deliberate and I believe some people do not want elections held in March next year,” added Amina.

The committees are now in a dilemma on which rules to debate although Githu is yet to table them.

Members were angered by the manner in which IEBC was handling the matter by appearing not to be bothered.

The committees had written to IEBC twice in June to produce draft rules but the commission failed.

“And when we invited them on Monday, August 27, they told us election regulations are with the Attorney General,” added another committee member.  The tabled regulations do not have any mechanism for IEBC to resolve election disputes.

“They are also silent on pre-election and post-election pacts by political parties and the symbols to be used after such pacts are made,” added the source.

On Diaspora voting, the regulations are silent on whether they would be voting for the president only or even other posts.  “Will those in Diaspora use ID cards or passports? Will they do it at the embassy or other venues and if election offences are committed, how will they be handled,” wondered the sources.

On Tuesday, Wamalwa sought to extend the deadline following a speaker’s kamukunji held in the morning at the old chambers. According to the Elections Act, the rules must be in place six months before polls but the Executive wants them just four months to voting.

The regulations also contain the controversial nomination fees set by IEBC.

At a press Conference at Parliament’s Media Centre, Wamalwa and CIOC chairman Abdikadir Mohammed said the Elections (Amendment) Bill, 2012 has been dispatched to the government printer for publication.

Abikadir said the extension would allow Parliament to critically look at the rules. “The election regulations are critical and require Parliament to have enough time to debate them. The public and Kenyans in Diaspora also need to give their input. The amendments are absolutely necessary,” said Abdikadir.

CIOC assurance

But Abdikadir could not explain what the Government and IEBC have been doing for the last one year when they should have tabled them.

Wamalwa, however, said various organisations complained on the nomination fees and the two months would be enough to consider such petitions. “It will allow public participation and allow relevant committees to do a thorough job,” said Wamalwa.

IEBC has proposed Sh500,000 for those seeking the presidency, Sh150,000 for parliamentary aspirants and Sh250,000 for senators, governors, county representatives and women representatives.

Abikadir said the voter register should be closed 60 days before the polls, instead of the 90 days stipulated in the Act. IEBC wanted the register closed 45 days before elections but Abdikadir said this would coincide with nominations of candidates hence complicate matters.

Everything concerning elections, the minister assured, are in place, saying the procurement of the Biometric Voter Registration kits would soon be realised. The Cabinet Sub-Committee tasked with the job has already signed a Memorandum of Understanding with the government of Canada.