Friday, September 7, 2012

Mother of all gambles


By ALEX NDEGWA
Running for president or being running mate could be a ticket to political oblivion following attempt to seal off the only route MPs conveniently left for losers to return to Parliament.
On defeat prominent leaders who will lose are assured of two things: They can’t head political parties as they have already forfeited the positions in accordance wit the new Political Parties Act.
Secondly, they can’t get back to Cabinet, as that will be for non-political appointees who must also be vetted by Parliament.
The only way they would have bounced back to Parliament was through nomination by their parties, a fact made possible during the recent controversial amendments by MPs.
But even this hidden door is likely to be shut as the Commission for the Implementation of the Constitution has gone to court seeking determination this should be left open for special interest groups such women, youth, and the disabled.
The decision to run in either of the two capacities is therefore turning a big gamble for the contenders, as the options they had waiting in case they lost are quickly narrowing. This means defeat could easily be a ticket to operate in private offices, away from the active public life some have known for decades. 
The outcome of the court case could raise the stakes in the already do-or-die battle for State House next year, and might even prompt some in the crowded presidential field to reconsider dropping their bids.
CIC filed the court petition challenging a section of the electoral law on Wednesday.
Section 34(9) of the Elections Act states: “The party list may contain a name of any presidential or deputy presidential candidate nominated for an election under this Act.”
Recently, Prime Minister Raila Odinga, Vice-President Kalonzo Musyoka, and Deputy Prime Minister Musalia Mudavadi were sucked into a suit that could subject them to requiring a High Court clearance to run for president.
They were enjoined in the case initially seeking to block Deputy PM Uhuru Kenyatta and Eldoret North MP William Ruto from contesting the presidency over claims of integrity issues.
rejected an amendment
MPs in June rejected an amendment to the Elections Act, which sought to allow those nominated candidates for election as president or deputy president to at the same time contest other elective seats.
 “Do not destroy the young cubs just like the lions do. Once they get into a herd they kill all the young cubs. These presidential aspirants like (Martha) Karua are useful,” Chepalungu MP Isaac Rutto unsuccessfully persuaded MPs to approve the amendment.
But MPs rejected the amendment effectively dimming hopes for losers in presidential election becoming senator, governor or MP.
Other presidential aspirants are Water Minister Charity Ngilu, Planning Assistant Minister Peter Kenneth, Gichugu MP Martha Karua, Gachoka MP Mutava Musyimi, and former PS James ole Kiyiapi.
If the petition is successful it would add to the miseries of losers because the Constitution has also eliminated avenues that offered soft landing.
The Cabinet is out of bounds because Cabinet Secretaries should not be politicians.  Also the size of Cabinet has been trimmed to between 14 and 21 and Parliament will vet them.
Also, under the new law, presidential candidates cannot be appointed to public office, as is the case now, unlike in 2002 and 2007, when losers got a place in Government, diplomatic service, and State corporations. 
Again, parties are expected to deposit a list of names they expect to nominate with the Independent Electoral and Boundaries Commission before the General Election.  This means the traditional row over who should be nominated could be fought out even before polls, a fact that could put presidential candidates in a difficult position. CIC opposed attempts by presidential candidates and their running mates to claim seats reserved for special interest and vulnerable groups.
Through their chief executive officer Peter ole Nkuraiyia, the commission urged the court to declare the provision in the Elections Act as inconsistent with more than 20 Articles of the Constitution, hence null and void.
Article 97 (1) C of the Constitution stipulates the 12 members nominated by parliamentary political parties represent “special interests, including the youth, persons with disabilities, and workers.”
Articles 98 and 177 on the Senate and County Assemblies also reserves seats for members of defined groups like special interests, and the vulnerable. 
“The section threatens, denies, violates and infringes the rights and fundamental freedoms of the youth, minorities, marginalised groups, workers, women and other groups to participate and be represented in the National Assembly, the Senate and the County Assemblies,” CIC said in the application made through lawyer Kethi Kilonzo.
capable of winning
“The persons nominated for election as president and deputy president are not the ones contemplated for nomination in the party list,” added the petition papers.
Some have appreciated that the danger of plunging into political oblivion is real. Energy Minister Kiraitu Murungi rejected a proposal he becomes Ruto’s running mate, citing the uncertainty of the ticket.
Kiraitu said before accepting to be a running mate to anyone, he must first be convinced that the aspirant is capable of winning the race to ensure they both do not end up in the political oblivion.
“At the moment I am not very keen on the running mate issue because I have already invested a lot of time, energy, and resources towards the Meru County senate seat, which I will eventually win,” he said.
Kiraitu introduced a new political term saying in the absence of a grand union among the G7 Alliance leaders, individual contestants lack ‘winability’ in the polls.
 “We are all political dwarfs and nobody is capable of taking himself to State House unless we unite, and concentrate our energies and resources against our common enemy, which is ODM,” said the Alliance Party of Kenya founder.





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