Tag Archives: parliament

BILL TO CHANGE 2012 POLL DATE | The Hidden Plot?

Posted on by

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

 

 

 

THE ALCOHOL BILL | The pros’ and cons’

Posted on by

The alcohol bill better known as the Mututho law, is the bill that was passed by parliament a few months ago. The private member’s bill was nicknamed ‘Mututho law’ after the Member of parliament who came up with the bill. The law states that drinking hours on weekdays are between 5-11pm and no selling of alcohol before 2pm on weekends. The law also prohibits establishments selling alcohol from being located 300 meters within the schools. The law is aimed at controlling the consumption of alcohol.

Bases on the fact that a flamboyant portion of the country’s revenue comes from alcoholic drinks; it is questionable if the law is doing more good than harm. First, in terms of the economy, there is less productivity among employees. They are either distracted because of going through the day without their favorite drink, or they have to leave the work premises early in order to hit the bar at the drinking hours. There is also loss of jobs and revenue especially due to the regulation on the location of drinking joints near academic institutions. Many bars have had to close down temporarily or permanently because of this.

Let us not forget that most of the drinkers are moderate drinkers. Although, looking at the bright side, the good news is that there will be reduced alcohol-related problems and alcohol related problems among the youth; this is according to the anti-alcohol campaigners. All in all it is up to an individual. The law cannot conquer irresponsible drinking. Even with the law in place people still over-engage in alcohol. It should be uplifted for the sake of the economy.

References:
A counter to Mututho Law
Misery in Kenya as Mututho law bites
‘Mututho’ Law cannot deal with alcohol abuse

Government to Control Opinion Polls

Posted on by

MP Jamleck Kamau(Kigumo), on 11th May, 2011, moved a motion before the house urging the government to “develop a framework that includes an Opinion Polls Controls Board for the regulation and conduct of the opinion polls…” MP for Naivasha, John Muthutho seconded the motion saying, “the pollsters were to blame for the political chaos that rocked Kenya in the 2007 elections,” allAfrica.com reported.

Jamleck who is the PNU (Party of National Unity) Vice-Chairman, in his statement made in parliament pointed out that “propaganda and misinformation are potent tools for destabilization of peace and stability especially during the electioneering period…” The Bill which Jamleck, Muthutho and a team of allied lawyers are working on purposes to “put discipline and restore professionalism in the operations of research so far as opinion polls are concerned,” Jamleck said.  The Bill will create an Opinion Polls Control Board that will be under the office of the Vice-President according to the proposed legislation. In response to this developing story, the Managing Director of Synovate Kenya, George Waititu said that in Kenya, research companies work under the Market and Social Research Association that regulates their operations. The proposed legislation will “require research companies to declare to the Board the sponsor of the survey and the organization behind the survey. The Board will require that the research company declare the date of the survey, the population from which the sample respondents were drawn, the number of people contacted to participate, and the margin of error in the obtained data.” allAfrica.com reported.

Laws and Regulations Restricting the Publication of Electoral Opinion Polls introduces that, “one specific area in which restrictions on freedom of expression have been imposed to protect the integrity and fairness of the electoral process is in relation to the publication of pre-election opinion and exit polls. Pre-election polls are public surveys which assess the views of the electorate on various election-related matters while exit polls take place immediately after people have voted and assess the level of support for the various parties and candidates. Media coverage of such information can, at times, be controversial. This is particularly true of polls and projections commissioned or conducted by a source that is not impartial. Furthermore polls may be subject to manipulation at many levels; in the choice of questions, the choice of sample, the time that the questions are asked, and so on. It is often perceived, therefore, that polls and projections may have a distorting effect on the vote, rather than simply reflecting public sentiments.” What the MP’s are proposing is appropriate only that they are not doing it the right way. Many democratic governments have tried it in their respective jurisdictions but failed because this issue is pertinent to and touches on the delicate issue of freedom of speech and expression. Instead, the government should find ways to strengthen relations and build trust with civil institutions (including research institutions) through the various established regulatory bodies, and be a government that works for, and with the people.

References:

Ban Opinion Polls-PNU allAfrica.com 12th May,2011

Ban Opinion Polls Mynucleus.org 12th May,2011

Laws and Regulations Restricting the Publication of Electoral Opinion Polls Google Docs (as of) 12th May,2011

Mixed reactions to PNU plan to ban opinion polls The Star 13th May,2011

 

Prerequisite Reforms in Run-Up to 2012 Elections

Posted on by

On 22nd March 2011, H.E. President Mwai Kibaki addressed a special sitting of parliament to urge the members of the August House to pass at least 10 legislations and other several crucial reforms required to implement the new constitution which will ensure that the 2012 elections are, “conducted within a framework that guarantees the freedom and fair exercise of people’s choices.”httpv://www.youtube.com/watch?v=2eM-ARMrUmk

According to The National Accord and Reconciliation Act, 2008, “a coalition must be a partnership with commitment on both sides to govern together and push through a reform agenda for the benefit of all Kenyans.” The Grand Coalition Government was anticipated to boost the process of constitutional reform-which has been done, now shifting focus to its implementation. In his address, the President said, “the Grand Coalition Government is determined to systematically implement the new constitution.” However, the government is falling behind schedule in implementing the prerequisite reforms, “which must have been passed according to the Fifth Schedule (the fifth schedule lays out the table of implementation) of the constitution, within one year of the promulgation of the constitution,” stated the President. He also highlighted bills relating to judicial reforms and electoral systems, which will be intended to; strengthen accountability, administration of justice, rule of law and ensure checks and balances in governance.”

To be able to conduct a free and fair elections-process is undoubtedly a challenging task, however, it should be noted that, “the sum of parts is greater than the whole.” The August House has a great responsibility of setting up the necessary prerequisite legislations and civil education prior to the 2012 elections. These call for; unity within the Coalition partners, and the prioritization of the process of the implementation of the constitution. Thus any decision to be made and acted upon should follow thorough dialogue and scrutiny such that the end will be seen to justify the means.

References:

Kibaki Urges MPs to Pass Reform Bills 22/03/2011
Kibaki Urges Reforms in Run-Up to Kenyan Elections 23/03/2011

Pres. Kibaki’s Address During a Special Sitting Of Parliament 22/03/2011