Monthly Archives: November 2011

BILL TO CHANGE 2012 POLL DATE | The Hidden Plot?

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Is it pushing the date to 2013? Flashback to 21st July, 2011 and, MP for Kilome, Harun Mwau, in a suit lodged at the High Court in Nairobi, said, “there has been confusion as to when the next general elections shall be held.” Mwau contends that the term of the 10th parliament began on January 15, 2008, and shall end on January 15, 2013.

The cabinet and various members of parliament, across the coalition divide, are of the view that the new constitution preserves the term of the current parliament, until mid-January 2013. Article 262 (10) of the constitution states that: “The National Assembly existing immediately before the effective date shall continue as the National Assembly for the purposes of this constitution for its unexpired term.” Thus, the cabinet recently approved a Constitution Amendment Bill 2011, which seeks to alter the poll date. httpv://www.youtube.com/watch?v=Lmw_ceVMmws  Despite public uproar, Justice and Constitutional Affairs Minister, Mutula Kilonzo says, he will push through the Bill on election date, which sets the date for the next general elections on the third Monday of December, every fifth year of an elections cycle. Transitional provisions promise the current parliament its full tenure. It is however prudent to note that the last ‘contentious general elections’, that produced the 10th parliament, was held before the new constitution came into force. Therefore, it would be more accurate to define the “full tenure” of the 10th parliament, as it would have been defined, if the last constitution was in force. “The issue of an August date has never been contentious. The date was determined after consideration of the wishes of the people of Kenya which included submission that a December date interfered with the festive season when Kenyans travel to places where they may not have registered to vote: coincides with religious festivities and the prevailing weather conditions complicate the logistics of ferrying election materials.” CIC addressed. httpv://www.youtube.com/watch?v=BSOWpxaZSo8 Undoubtedly, the wishes of the people of Kenya, expressed in the constitution, have an upper hand against any one single Bill prepared by a few representatives in government. “CIC wishes to remind Kenyans that what killed reforms in this country were “convenience” amendments of the constitution soon after independence… It is such amendments that Kenyans wanted the constitution to be insulated against.

This issue begs the question: Is this the 10th parliament’s plot to extend its tenure in a quest to collect more campaign monies? Politicians should not blame time for their incompetency to perform required tasks. Rather, they should resign from office already, without wasting any more time. What Kenyans need is authentic people power, not the dumbocracy of political rule.

References:

Mwau Asks Court for 2013 Election Date allAfrica.com July 22, 2011

Why the Next Elections May Be Held in 2013 MENAFN.COM July 31, 2011

Change of 2012 poll date height of mischief, impunity Capital News September 14, 2011

Mutula firm on elections date amendment Capital News September 15, 2011

CIC warns over election date change KBC News September 17, 2011

Mutunga Wants Case On Date of 2012 General Election Speeded Up allAfrica.com October 6, 2011

 

 

 

EDUCATION | Strike by Public University Dons Persists

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“Public Universities are part of the government and it was government’s wish that all its workers are well remunerated. As government, we want to see that the university staff is paid well. I appeal to unions, not to use the weapon of strike menacingly, but as a weapon of last resort,” said the Prime Minister, Raila Odinga, as he brokered negotiations to call off a similar strike by the University Academic Staff Union (UASU), last year.

The government’s failure to honor its pledges to civil servants, gives reason to the re-current strikes in public institutions. The University Academic Staff Union (UASU) cited stalled implementation of new salaries and allowances, as the reasons for the strike. Last year, Finance Permanent Secretary, Joseph Kinyua, “presented a signed letter to his Higher Education counterpart, Professor Crispus Kiamba, committing the government to pay the last installment of 2008/09 – 2009/10 financial years, collective bargaining agreements…” Capital FM website reported.  Recently on October 19th varsity dons signalled a strike with the union chairman Samuel Kubasu, saying lecturers expected the new pay rise to be between 30-40 per cent. httpv://www.youtube.com/watch?v=ru9IicNR46Y&feature=fvsr            The impasse at the universities arose after the authorities failed to respond to demands for a salary increase, whose negotiation started in 2009, but stalled mid-stream.” Meanwhile, Mr. Justice Paul Kosgei, of the Industrial Court ruled that, “pending the hearing and determination of an application filed by the Inter-University Council Consultative Forum, the lecturers should not engage in any activity likely to paralyze learning at higher institutions.” allAfrica.com reported. Despite the ruling, the strike continues. Egerton University becomes the latest institution to be closed, and students sent home as the lecturers strike proceeds into day 3. Going into the second week of the strike, the situation is expected to worsen following Thursday night’s unfruitful talks, involving the Prime Minister, Raila Odinga, seeking to arrive at a compromise.

With this new constitutional dispensation, and in this age and time, some things were bound to happen; on one hand, the citizenry would become more aware of their civil rights, thus demanding them, where they previously would not, and on the other, the government would fail to own up to its pledges, more so during this time, that you can only hide a little or none, from the public’s watchful eyes. What a risky area to begin a crisis? Education is the key. Whoever is concerned with its safe-keeping should be careful lest it breaks.

References:

Court Halts Lecturers’ Strike allAfrica.com Novermber 9, 2011

Strike Cripples Varsity Exams and Graduation November 9, 2011

All the Sides to Blame for Unnecessary Strikes November 9, 2011

Judge Rules Varsity Dons Strike Illegal Novermber 10, 2011

Varsity lecturers’ signal strike October 19, 2011

Kenya university dons call off strike April 8, 2010