Hassan team out of 2017 election on December date

Independent Electoral and Boundaries Commission (IEBC) commissioners will not preside over the next General Election if a Bill seeking to amend the Constitution to push the General Elections to December 2017 passes.

The term of the current commission headed by Isack Hassan expires on November 2017 after a six-year term.

Ugenya MP David Ochieng has published the Constitution of Kenya (Amendment) Bill, 2014, moving the General Elections date from the second Tuesday of August every five years to the third Monday of December.

The Bill, which has been cleared for pre-publication scrutiny by National Assembly Speaker Justin Muturi, seeks to move the election date for Member of Parliament, the President, Member of County Assembly, County Governor and deputy County Governor.

“The Bill amends the said Articles of the Constitution by introducing a date for General Election that is more favourable to Kenya’s circumstances,” said Mr Ochieng.

“The amendment is to ensure that the date of elections reflects the unique circumstances and tradition of Kenya. This is not about extending the life of the current Parliament.”

Mr Ochieng said the current date of the General Elections unduly disrupts the education calendar, the tourism high season and the aspirations of a section of Kenyans who are not able to get time off to take part at their places of preference.

He said majority of Kenyans prefer the December date because that is when they get the opportunity to travel upcountry for the Christmas holidays.

“The August date will be costly to Kenyans who want to travel home for holidays in December. In the event of a petition being filed by a candidate and subsequent run-off, the education and the tourism cycle will be severely affected. The earliest the run-off can be held is November, the time of examinations,” he said.

“The amendments will also put to rest all doubts that there may be regarding the date of the next General Elections and the term of the current Parliament,” Mr Ochieng said in the Bills memorandum of objects and reasons.

If the Bill passes, IEBC will have new commissioners to shepherd the 2017 General Elections.

The Coalition for Reforms and Democracy (Cord) has been pushing for disbandment of the electoral body for the way it handled the 2013 polls. Cord has maintained that the March 2013 elections were rigged in favour of Jubilee.

The party received a public petition filed by Mr Wafula Buke asking Parliament to investigate the conduct of nine IEBC commissioners.

Mr Buke wants IEBC chairman Issack Hassan, commissioners Lillian Mahiri-Zaja (vice chairperson), Abdulahi Sharawe, Thomas Letangule, Mohammed Alawi, Albert Bwire, Kule Godana, Yusuf Nzibo and Muthoni Wangai removed from office.

Suba MP John Mbadi received the petition for onward transmission to the Speaker.

Mr Buke wants Parliament to find the nine commissioners incompetent and to ask President Uhuru Kenyatta to form a tribunal that will investigate their conduct.

Mr Ochieng filed his Bill with the Clerk of the Assembly and the Speaker on April 29. The Bill will be scrutinised by the Justice and Legal Affairs Committee chaired by Ainabkoi MP Samuel Chepkonga.

The Constitutional Implementation Oversight Committee (COIC), then chaired by Abdikadir Mohammed, and that of Justice and Legal Affairs conducted joint national public hearings on a similar Bill, then sponsored by Justice minister Mutula Kilonzo in 2012.

The joint committee’s findings were that a majority of the public supported the proposed amendment seeking to have the General Elections on the third Monday of December.

“However, a few members of the public were of the view that the General Elections be held on the Second Tuesday of August as provided for in the Constitution since this was what was voted for by a majority of Kenyans during the referendum and that it is too early to amend the Constitution,” the committees said in their report.

The committees said most people were of the view that Parliament ought to be dissolved at least two months before elections so that the incumbent MP does not have undue advantage during the campaign period.