Economy

Senate sends disputed poll laws to Wako led committee

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Police trucks that were used to barricade Parliament Road ahead of a special sitting of the Senate yesterday. They were later removed after Senate Speaker Ekwee Ethuro complained to Internal Security secretary Joseph Nkaissery. PHOTO | JEFF ANGOTE

The Senate yesterday referred the controversial amendments to the election law to the Legal and Human Rights committee, offering critical time to lower political temperatures and find an agreeable solution to the matter.

Senate Speaker Ekwee Ethuro directed the committee to scrutinise the Bill that emanated from the National Assembly after it was passed in a partisan session purely composed of the ruling Jubilee coalition MPs.

READ: Jubilee MPs pass electoral laws in chaotic special sitting

The Electoral Laws (Amendment) Act, 2016 seeks to allow the IEBC to put in place a complementary mechanism for voter identification and results transmission in cases where technology fails.

“Standing Order 130 requires a Bill, which has been read a First time, to be committed to the relevant standing committee for scrutiny and to facilitate the constitutional requirement for public participation.

“In compliance with the provisions of Standing Order 130, the Bill stands committed to the standing committee on Legal Affairs and Human Rights. As Senators are aware, this Bill has been the subject of some contention. It is also not lost on us that we are counting down to the General Election now due in just eight months,” Mr Ethuro ruled.

He said it was imperative that any legislation concerning the manner in which the elections shall be conducted be disposed of and concluded well ahead of time so that the public and all players are clear about the rules that shall apply.

“The urgency of the Senate proceeding with and concluding work on the Election Laws (Amendment) (No. 3) Bill (National Assembly Bill No. 63 of 2015), cannot therefore be over-emphasised. There is no time to be lost,” Mr Ethuro said as he directed the Amos Wako-led committee to scrutinise the Bill and allow public participation in accordance with Articles 117 and 118 of the Constitution.

“The committee should engage all stakeholders in the election process and take into consideration all issues that have been raised regarding the contents of this Bill,” he said.

Mr Ethuro said he had received a request from Senate Majority Leader Prof Kithure Kindiki to convene two Special Sittings on Wednesday January 4, 2017, when the committee’s findings are expected to be debated and passed or rejected.

Opposition Cord coalition has called for mass action on the same day to protest the passage of the Bill by Jubilee MPs in the National Assembly.

“The Senate Majority Leader requests that the Election Laws (Amendment) Bill be considered at Second Reading, Committee of the Whole and Third Reading in the said Special Sittings,” the Speaker said, adding that he planned to issue a Gazette Notice to the effect.

Mr Wako said he was concerned that the public participation would be curtailed given the short deadlines.

“I am glad the committee will be given some time. I, however, plead that the period be extended to January 5, 2017 to allow us consult the public and write a report to the House,” he said.

Minority leader Moses Wetangula asked the committee to guard against individuals who are out to bend laws on elections.

“Somebody weird is trying to bend the laws on elections. We set up a committee chaired by distinguished senators for Meru (Kiraitu Murungi) and Siaya (James Orengo) and they did a sterling job that we all decided not tinker with. Why are we changing a law that has not yet been tested?” Mr Wetangula asked.

Last week, Cord MPs staged a mass walk-out from the National Assembly after encountering physical fights from their Jubilee counterparts in a chaotic session that ended as soon as the ruling party MPs passed the controversial amendments.

The amendments empower the IEBC to employ alternative mechanisms for voter identification and transmission of election results in the event of technological failure.

The National Assembly’s Justice and Legal Affairs committee chaired by Ainabkoi MP Samuel Chepkonga argued that the present reality shows that the commission is not able to work within the proposed legislative timelines.

“With the ongoing structural reforms, including the recruitment and appointment of new commissioners, it is necessary that an alternative mechanism be projected and the House prepares for any likelihood of technical failure,” Mr Chepkonga said.

The MPs passed the controversial amendments amid tight security around Parliament.

Yesterday, Mr Ethuro ordered the withdrawal of police who had been deployed around Parliament after Senators complained of the inconvenience suffered at the hands of the security men.

Mr Ethuro declared the Kenya was not a police state, but a democracy and that he had relayed the same message to Interior secretary (Joseph Nkaissery).

“This is not a police state. This is a democracy. The instructions were very clear that we don’t need any police presence. Even today when I came in and I saw (police), I called the Cabinet secretary for Interior to express the same sentiments.”

The Speaker ordered the committee on National Security to investigate the deployment of police who blocked the Intercontinental Hotel roundabout and Harambee Avenue roundabouts leading to Parliament.

Senators were forced to access Parliament buildings on foot following the heavy presence of police, who barricaded roads making it difficult for cars to enter. Mr Ethuro ruled out demands by Senators to adjourn the morning session and directed the committee on National Security to submit a report on police deployment around Parliament.

“This matter does not end here, I direct that the chair of the Senate Committee on National Security investigates and finds out under what order the police came here,” he ruled.

He said the Senate was a House of decorum and police presence was not necessary as it only intimidated and created unnecessary tension among members.

Mr Ethuro said he had not sought police assistance during the special sitting, which he noted was convened to debate and not to fight.

Within minutes of Mr Ethuro’s ruling, the police trucks were removed from the roads leading to Parliament and there was free flow of traffic.

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