Final chance for MPs to make law on party-hopping

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MPs in the newly refurbished Chambers during the official opening at Parliament Buildings August 7, 2012. Three MPs have shot down an attempt by their colleagues to rush through Parliament amendments to the Elections Act October 3, 2012   NATION MEDIA GROUP

By JOHN NGIRACHU jngirachu@ke.nationmedia.com
Posted  Wednesday, October 3  2012 at  23:27

IN SUMMARY

• MPs allied to Deputy Prime Ministers Uhuru Kenyatta (The National Alliance) and Musalia Mudavadi (United Democratic Forum) said they were ready to abide by the law if the Bill failed to get the nod of the House.
• House rules allow a minimum of three legislators to refuse an attempt to rush through any issue by dropping other business.
• Mr Ruto said at a press conference at Parliament that the intention of his amendment is to have everybody willing to participate in the March 4 General Election registered with their preferred parties by January 4.
• He claimed the Bill was rushed to the House because MPs expected to go on a six-week break soon. The Bill’s title was wrong and caused some confusion during the morning session, he claimed.

Tens of MPs have said they will defect from their current parties to comply with the law even as they expressed confidence that they will pass a Bill extending party hopping to January next year.

Presidential aspirants affected by the deadline of officially joining new parties they have been promoting were locked in meetings with their allies to find ways of pushing through the Elections (Amendment) Bill which was stopped in its tracks on the floor of the House by three MPs.

Orange Democratic Movement’s John Pesa (Migori), Nicolas Gumbo (Rarieda) and Martin Ogindo (Rangwe) blocked debate on the Bill, triggering anxiety among MPs.

MPs allied to Deputy Prime Ministers Uhuru Kenyatta (The National Alliance) and Musalia Mudavadi (United Democratic Forum) said they were ready to abide by the law if the Bill failed to get the nod of the House.

Assistant minister Kareke Mbiuki said all Kanu MPs associated with TNA had agreed to comply with the law by quitting the party but insisted they will stay on up to January next year if the proposed amendments are passed.

“We are planning to officially resign from Kanu tomorrow if we do not succeed in changing the law,” he said.

Assistant minister Ndiritu Muriithi, a founder member of UDF, said there was a consensus to pass the Bill but said MPs allied to their new party were ready to join it officially.

“If in any case it doesn’t pass, then we in UDF believe in the rule of law. We are going to do as dictated by the constitution,” said the Laikipia West MP.

However, Belgut MP Charles Keter, who is allied to the United Republican Party presidential aspirant William Ruto, said support for the amendment was overwhelming and it will easily be passed on Thursday.

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Supporting

“Everybody is supporting the amendment because we are clearing confusions emerging from the contradictions of the law. Only some 10 members have been seen opposing so far but they will be defeated,” he said.

They spoke after an attempt to rush through the amendment allowing MPs to keep their seats and only officially change parties in January failed an hour after its introduction when Mr Pesa, Mr Gumbo and Mr Ogindo barred further debate on it. (READ: MPs block attempt to amend elections law)

House rules allow a minimum of three legislators to refuse an attempt to rush through any issue by dropping other business.

Chepalungu MP Isaac Ruto, the mover of the Bill, later claimed the purpose had been misinterpreted and that the Commission on the Implementation of the Constitution and the Registrar of Political Parties had read the Elections Act wrongly.

Mr Ruto said at a press conference at Parliament that the intention of his amendment is to have everybody willing to participate in the March 4 General Election registered with their preferred parties by January 4.

He claimed the Bill was rushed to the House because MPs expected to go on a six-week break soon. The Bill’s title was wrong and caused some confusion during the morning session, he claimed.

“I must admit there are a few glaring errors in the memorandum of objects and reasons but the intention of my Bill has nothing to do with party-hopping,” said Mr Ruto.  

However, the MP did not raise the issue on the floor of the House when he moved the Bill.  Rules of Parliament also allow an MP to withdraw a Bill for whatever reason.

Its purpose

He said he was confused earlier in the morning over the title of the Bill as well as its purpose  and attributed these errors to the publishers of the Bill.

“The effect of the amendment is clear… so all other stories are not mine. (The Registrar of Parties) is absolutely wrong.”

In the House, Mr Pesa and Mr Ogindo were among a handful of MPs who opposed the amendment at its Second Reading. This was on the basis that it was meant to allow party-hopping before elections.

The Bill’s supporters argued that given the lack of democracy within parties, MPs should be free to switch allegiances at will.

Hellen Sambili (Mogotio) and Muriuki Ruteere (Imenti North) said they had been locked out during party nominations in 2007 and were only elected after switching parties.

Peter Munya (Tigania East), FT Nyammo (Tetu), Dr Nuh Nassir (Bura) and Mr Ruto argued that the Elections Act currently restricts freedom of association as guaranteed in the constitution.

But in opposing the bill, Agostino Neto, Sospeter Ojaamong  and Mr Ogindo argued that the MPs who risk losing their seats would have to pay the price of democracy.

On Parliament’s agenda of business for the morning, the Elections (Amendment) Bill was scheduled to go through the three readings. The intention was to have it ready for President Kibaki’s assent before Thursday’s deadline.

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The introduction of the Bill was preceded by a procedural motion asking MPs to reduce its publication from 14 to five days. This was moved by Katoo ole Metito and waved through to the formal introduction in the House.

Additional reports by Peter Leftie, Oliver Mathenge and Isaac Ongiri