Civil society organisations have petitioned President Kibaki not to assent to sections of the Statute Law (Miscellaneous Amendment) Bill, which legalise party hopping and nomination of presidential election losers to Parliament.

Over 70 lobby groups, under the umbrella of the Kenyans for Peace, Truth and Justice (KPTJ), presented the memorandum to President Kibaki and Parliament, claiming that the changes made to Elections and Political Parties Acts were “unconstitutional”.

The groups also described as discriminatory the requirement that parliamentary aspirants must have a minimum qualification of a degree to contest elections.

“We are making this request as it is our strong opinion that the Bill in its current form contains a number of unconstitutional provisions,” read the memorandum to the President that was received at Harambee House by Jonam Kinama, the deputy secretary in the office of the Secretary to the Cabinet.

The activists demanded that the Bill be referred back to Parliament with an advisory that MPs make the necessary amendments to ensure that the legislation is compliant with the Constitution.

The groups, led by former Committee of Experts vice chairperson Atsango Chesoni, said they would seek the Bill’s nullification if their petition was not granted.

They are also opposed to proposals that public officers intending to contest elective seats remain in office up to five months before the election date, down from the seven prescribed in the Constitution.

“These seats (nominated) are intended for persons from historically marginalised groups such as persons with disabilities. Persons who have failed to be elected do not constitute a historically marginalised group,” KPTJ said in its objection to allowing presidential election losers nomination to Parliament.

They also asked Speaker Kenneth Marende to restrain the House from debating proposals that have the potential of breaching or undermining the Constitution.

Last week, Transport minister Amos Kimunya moved a surprise amendment to the requirement in the Elections Act that barred non-degree holders from being elected to Parliament.

Mr Kimunya’s amendment nullified an earlier amendment by Bura MP Nuh Nassir that wanted the education requirement of an MP to be post secondary examination certificates.

The passage of the amendment technically barred over 80 MPs from contesting the next general election. Some of the MPs without degrees have already signed a petition to be sent to Mr Kibaki urging him to decline to assent to the Bill.

The lobby groups said the net effect of the amendments would be to negate the constitutional principals upon which the Acts were passed.
“We are aware that the current Parliament is on its last days before the next general election.

The amendments are being made with a measure of bias and self-interest,” said Harun Ndubi, a lawyer.

The lobbyists said majority of Kenyans agreed by voting for the Constitution that the vetting of judges and magistrates be undertaken to address the issues surrounding integrity in the Judiciary.
Attorney-General Githu Muigai, through the Bill, placed the onus of vetting the judicial officers on the Judicial Service Commissions (JSC) instead of on the then Vetting of Judges and Magistrates Board then chaired by Sharad Rao. The term of the board expired in May.

“We oppose the amendment to the Judges and Magistrates Act that seek to transfer the vetting of judicial officers to the commission. This goes against the principles of independent vetting of the Judiciary as envisioned in the Constitution,” they said.

The groups invited the President to exerciser the powers bestowed on him by Section 115 (1) (b) of the Constitution to refer the Bill back to Parliament for reconsideration on the basis that it contains various unconstitutional provisions.

emutai@ke.nationmedia.com

Link to the story on the Business Daily

Tweet