Raila: Uhuru has panicked over election

Cord leader Raila Odinga
Cord leader Raila Odinga

Opposition leader Raila Odinga yesterday said Jubilee wants election laws weakened because "President Uhuru Kenyatta and his Deputy William Ruto have sensed defeat and panicked."

Raila told the Star in an interview said the opposition's decision to join forces in the National Super Alliance, NASA, against Jubilee has sent shock waves through the ruling party.

"They have sensed defeat and gone into panic mode. That is why they are trying all manner of schemes that will allow them to play games with election results," Raila said.

Yesterday the National Assembly was to debate Jubilee's proposed amendments to the election law — amendments opposed by the opposition, which delayed the special sitting for almost two and a half two hours until noon.

Cord says the existing system is tamper-proof, and Jubilee wants to tamper and rig the polls next year, so it must water down the law.

By 8pm last night, debate on electoral changes had not begun because the opposition raised points of order and other issues were discussed.

Security was tight around Parliament Buildings in anticipation of a fiery debate and disruption. The buildings were blocked off and MPs had to walk a distance to be screened at the entrance.

ANC Leader Musalia Mudavadi has joined forces with Cord and promised a new alliance by February next year. Mudavadi's entry has energised the opposition.

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Yesterday Raila said Jubilee "has realised late in the day the system created by the new laws is tamper-proof".

Jubilee presented Parliament a set of electoral proposals amendments to the law yesterday.

One of the key amendments is that the IEBC be allowed to revert to manual voter identification, tabulation and results handling should the electronic system fail on Election Day, August 8, 2017.

"They know they can not play monkey games with the new system. That is why they want to change. We are telling them Kenyans will not accept any changes," Raila said.

In Parliament MPs were informed the proposed amendments on use of technology in the elections were proposed by the IEBC, which believes the current law and timelines are not adequate or realistic.

Justice and Legal Affairs Committee chairman Samuel Chepkonga said the amendments resulted from a meeting with the IEBC.

"This is not my report but that of the IEBC and the amendments came from the meeting the committee held with the commission," Chepkonga said.

Jubilee legislators argued the reality was that the voter identification devices can fail and another system should be developed in case of this.

However, Cord MPs said Jubilee was plotting to return the country to manual voter identification in a plan to rig the elections.

“Without prejudice to the preceding provisions of this section, the commission shall put in place an alternative and complementary mechanism for identification and transmission of election results that is simple, accurate, verifiable, secure, accountable and transparent," the proposed section 44 (8A) states.

A new subsection, 8B, states that the commission shall use the alternative mechanism referred to in subsection 8A for identification and transmission of election results, only where the technology initially deployed fails.

However, the IEBC will be required to notify the public and all candidates and shall immediately cause the notification to be published in electronic media and in at least two daily newspapers of nationwide circulation, detailing the reasons for using the alternative mechanism.

Some opposition MPs and members of the committee had accused Chepkonga of coming up with the amendments on this own.

Minority Whip Jakoyo Midiwo said,"What Kenyans expect of us is a good and credible election. We in the House Business Committee have not discussed this matter."

"Let us not use the powers given to us by the Constitution and the people of this country to make laws that will drive us to anarchy. This matter has not been brought to the Justice and Legal Affairs Committee," MP Johanna Ngeno said.

Ruaraka MP Tom Kajwang, also a member of JLAC, said there may be merits in the reasons for amendments but House procedures must be followed.

In the morning, Cord MPs delayed and disrupted House business by blocking National Assembly Speaker Justin Muturi from accessing the Chambers.

The Cord MPs blocked the entrance,delaying the session for almost two and a half hours.

The opposition legislators were furious over attempts to amend the negotiated elections laws to allow for an alternative voter identification system in 2017 if electronic method fails.

The MPs are also angry because Cord leadership in the House, including minority leader Francis Nyenze, his deputy Jakoyo Midiwo and Whips such as Chris Wamalwa and Thomas Mwadeghu, claimed they were not consulted about Tuesday's sitting.

The Speaker, the Jubilee leadership in the House including Majority Leader Aden Duale, and Cord leadership including Senate Minority leader Moses Wetang'ula convened a meeting to find the way forward.

Cord MPs maintained no amendment can be made to the negotiated elections laws because they were barred from amending the Bills by "even a comma" during the passage in October. The current laws are a result of Jubilee-Cord negotiation and accord.

"We cannot use the backdoor to amend the negotiated laws. Amendments can only be done through negotiation," Makueni MP Dan Maanzo said.

"This needy greedy plot by Jubilee to rig elections in 2017 cannot be allowed," Embakasi South MP Irshad Sumra said.

The opposition says changing the law to allow manual voting will lead to rigging on grounds the "dead" will also vote.

The MPs say they will only accept a kamukunji with the Speaker in Tuesday's sitting but not the scheduled business.

They say it would be illegal to reconvene after the disruption. It was to kick off at 9am as gazetted.

Mbita MP Millie Odhiambo said Jubilee has already sensed defeat and they will not allow President Uhuru to take "us back to Egypt where we came from".

In Kisumu, ODM leader Raila Odinga has accused Jubilee government of coercing opposition MPs to amend the election laws.

Raila said the presence of GSU officers around Parliament Buildings is a form of intimidation to scare legislators into succumbing to what Jubilee wants.

“No amount of intimidation will make us change our mind. Don’t think sending security officers around Parliament will do anything,” Raila said.

The opposition chief said the Joint Select Parliamentary Committee on Electoral reforms, whose mandate was to oversee the making of the new laws, agreed and passed the laws without any amendments. He asked why amendments were being slotted in by Jubilee at the tail end.

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