New Bill seeks safe landing for those eyeing presidency

MPs had set a minimum of a degree as a requirement for one to be elected as president, deputy president, county governor, or deputy governor.

The law also stipulates that a person may be nominated as a candidate for an election only if that person holds a post secondary school qualification recognised in Kenya.

Parliament is pushing to change election laws with the aim of giving presidential candidates and their running mates a soft landing should they fail in their bid for the highest political office.

MPs want the Elections Act amended to allow presidential candidates and their running mates to contest for any other elective seats during general elections.

When elected, they would then relinquish the other seats, occasioning by-elections. It is estimated that a by-election costs nearly Sh40 million. The Miscellaneous (Amendment) Bill 2012 sponsored by Nambale MP Chris Okemo will be scrutinised at the committee stage today.

The effect of a new clause — 22A — being inserted into the Act would be to allow politicians who lose the presidency to be elected as governors, MPs, or senators.

“Notwithstanding any other provision of this Act and for the avoidance of doubt, a person who is nominated as a candidate for election as President or Deputy President is nevertheless eligible for nomination and may contest as a candidate for any other elective seat in the same elections,’’ the clause states.

If elected to office as president or deputy president, the person will relinquish the other seat triggering by-elections.
“If a candidate for election as President or Deputy President is elected as such and is also elected for any other elective seat in the same elections, a vacancy shall thereupon be declared for that other elective seat and a by-election to fill such a seat shall be held in accordance with this Act,” reads Mr Okemo’s proposed amendment.

The Act had barred Presidential candidates and their running mates from vying for any other elective seats.

This would have seen losers in the March 2013 elections confined to political oblivion for five years.

The amendment is exploiting a loophole in the Constitution which does not expressly bar presidential candidates from running for another office.

The Constitution only says that no candidate can hold two elective posts at the same time.

Nominated MP Mohammed Affey has also proposed amendments to require that a candidate for election must only hold a secondary school certificate.

MPs had set a minimum of a degree as a requirement for one to be elected as president, deputy president, county governor, or deputy governor.

The law also stipulates that a person may be nominated as a candidate for an election only if that person holds a post secondary school qualification recognised in Kenya.

Siakago MP Lenny Kivuti has also proposed amendments aimed at shielding MPs from being expelled from political parties for supporting other parties.

emutai@ke.nationmedia.com