Monday, June 17, 2013

Independent Electoral and Boundaries Commission mulls change to law amid delay in final polls tally

By Geoffrey Mosoku
Nairobi, Kenya: The electoral commission is contemplating a quick fix to end a delay in funding of parties by amending a section of the Political Parties Act.
Parties are yet to receive money from the Government as required by the Act and the Constitution because the Independent Electoral and Boundaries Commission (IEBC) has not reconciled the tallies of valid votes cast in the General Election that took place three months ago on March 4.
In the Sh1.6 trillion National Budget presented in Parliament last week, Government revenue is estimated at Sh850 billion out of which political parties’ allocation would around Sh3.5 billion.
Of this fi gure, 95 per cent shall be allocated to parties in accordance to the at least 5 per cent score rule, while 5 per cent will be for administration of the kitty.
Section 25 (2) (a) of the Act stipulates that only parties that secured at least five per cent of the total valid votes cast are eligible to share the remaining 95 per cent of the allocation.
 Even though the number of seats won by each party for the Presidential, National Assembly, Senate, Women Representative and County Assembly are known, as the winners have already taken office, the law requires that IEBC reconciles the votes for each before any money is dished out.
The dilemma facing the IEBC was revealed to The Standard by well-placed sources in the Commission who asked not to be named because they are not allowed to divulge to the media on matters to do with the electoral body.
The sources confirmed that IEBC is struggling to reconcile its figures to ascertain what each party scored in the last polls, indicating significant differences in its final tally between the presidential results, and those for the five other seats.
The IEBC is proposing to amend the law to allow parties to share the funds proportionally in accordance to the number of elective seats each got.
“I don’t want to comment on that matter, it’s good we wait for the report of the secretariat,” Commissioner Thomas Letangule said.
On her side, Vice Chairperson Lilian Mahiri-Zaja confirmed that Registrar of Political Parties was unable to calculate the exact amount of monies to which each party would be entitled as the report is not ready.
“I think the report will be tabled soon,” she said without confirming the date when it is expected. She also refused to comment on fears that the figures do not add up, saying the media should wait for the final report.
Currently the law provides that parties share not less than 0.3 per cent of the total national revenue, which will be allocated proportionately in accordance to the number of votes each party received in the last elections.
Votes cast
Lawyer Ken Nyaundi, who served as a commissioner in IEBC’s predecessor, the Interim Independent Electoral Commission, warned against amending the law to base the calculations on number of elected seats rather than the number of total votes received
Nyaundi said the spirit of the law is to help parties maintain their infrastructure based on the votes cast and not the number of MPs, senators, governors or women and county representatives.
“If the commission pushes amendments to thePolitical Parties Act to fix the amount of money to the number of MPs, governors or county reps, the result will be a skewed distribution that will not take into account voters’ support,” Nyaundi said.
This came as reports indicated the recent push by some in President Uhuru Kenyatta’s The National Alliance (TNA) party to have the Chairman Johnson Sakaja relinquish his position could be linked to the huge amount of cash coming the party’s way, thanks to its majority in Parliament.
Lion’s share
Sources indicate that TNA is likely to get the lion’s share from the kitty followed by the Orange Democratic Party of former Prime Minister Raila Odinga, out of the few parties that qualify for having attained at least five per cent to the votes.
Others that qualify for allocation are the United Republican Party of Deputy President William Ruto and Wiper Democratic Movement of former Vice President Kalonzo Musyoka.
Sunday, sources inside TNA indicated that a plan was hatched to edge out Sakaja, on the premise that he is a State officer by virtue of his nomination to the National Assembly, and Secretary General Onyango Oloo who they claim is likely to get a State appointment.

The source said that even after Commission for Implementation of the Constitution (CIC) wrote to Sakaja last week opining that under the Elections Act and the Constitution, a nominated MP can retain his chairmanship, the push has intensified.
In contrast, UDF chairman Osman Hassan is a nominated MP, Wiper’s David Musila is the Kitui Senator, and Kanu’s Gideon Moi is Senator for Baringo County, while Kisumu Senator, Anyang Nyongo, is ODM’s Secretary General.
Last week over 30 MPs rallied behind Sakaja saying the law does not bar him from chairing the party, while urging those eying the seat to wait until party polls are held.
“We are confident of the leadership of TNA as currently constituted and anybody who is seeking any position must wait for polls,” said Kitutu Chache North MP Jimmy Angwenyi, who addressed a press conference in Parliament on behalf of the 30 legislators.
Sunday, TNA Executive Director Winnie Guchu warned that even if the leadership of the party changes, the law is clear on how the funds will be used with strict penalties on those who may dream of misappropriating the funds.

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