- Currently, the law restricts parties to submit their nomination list 45 days before elections to the Independent Electoral and Boundaries Commission.
- This, according to MPs, has locked out promising and strong politicians subjecting them to five years of political cold.
Image: File
MPs want to change the law to allow parties submit nomination lists three weeks after a general election.
The lawmakers have been unanimous in supporting the amendment Bill by Busia MP Florence Mutua in what is viewed as a plot to get to Parliament should they lose in elections.
Currently, the law restricts parties to submit their nomination list 45 days before elections to the Independent Electoral and Boundaries Commission.
After submission of the list, the names cannot be amended and the nomination is done as per the list.
This, according to MPs, has locked out promising and strong politicians subjecting them to five years of political cold.
They see the proposed amendment as a fall back strategy after being rejected at the ballot.
The lawmakers also argue that nomination after polls will foster discipline in parties and ensure that only those committed and loyal to the party get rewarded.
Contributing to the Constitution of Kenya (Amendment) Bill, 2019, Kisumu Woman Representative Rosa Buyu gave a personal account on how the current law unfairly locked her out of Parliament despite putting a strong fight in the elections.
“In 2007, I contested the Kisumu Town West parliamentary seat. I had a real political fight with my colleague Hon Olago Aluoch. Despite the fact that I got thousands of votes, when the nomination list was out, I was not considered even though I had put up a strong political contest and showed that, indeed, I could be a strong politician,” Buyu said.
She added: “In 2013, I contested for the seat of MP in Kisumu West constituency again against my colleague Hon Olago Aluoch. Between the two of us there was a difference of 900 votes. I did not make my way to this Parliament because the list had already been given in advance.”
Her sentiments were shared by Kwanza MP Ferdinand Wanyonyi who recalled how the party prevailed upon him to forfeit his ambition in favour of a former minister who was regarded as politically correct.
“At one time, during party primaries, I defeated a minister I do not want to name. I was then called by the party leadership and requested to forfeit my chance to the minister because he had been contributing to the party and doing many things for the party,” the Kwanza MP said.
Kiminini MP Chris Wamalwa noted that having the list after elections is the sure way to enhance party discipline amongst members.
He said those nominated in advance tend to defy party directives immediately their names are submitted to the IEBC.
The lawmaker also noted that performance and commitment of individuals to their parties can only be gauged after results of an election.
“For you are to nominate somebody in a party, it is about rewarding performance. We have something in the political parties called party loyalty. If you nominate someone in advance, there will be no party discipline; he or she can decide to go his or her way,” Wamalwa said.
“You know how difficult it is to remove someone from this Parliament as a result of party indiscipline. Many people have tried. ODM tried but failed.”
The push, however, met strong opposition from a section of MPs who accused their colleagues of looking for a safe landing after losing in elections.
Gem MP Elisha Odhiambo said a number of MPs eyeing governor and senator seats are behind the amendment as a fall back plan.
“I think that is the wrong way to do it. If you think you are woman or man enough and you are going to vie as a governor and you have enough resources, please allow other Kenyans in this country to be nominated,” Elisha said.
He was supported by Isiolo North MP Hasan Hulufo who said he would not accept any nomination after being rejected on the ballot.
“Listening to my colleagues who are supporting this amendment Bill, the intention seems to be to reward those who have contested and lost. It is not right,” he said.
“If I had contested and lost before, I would have declined if any party offered me a nomination after I had lost.”
Mutua’s Bill, currently in its second reading, seeks to allow political parties to submit nomination lists 21 days after the IEBC has declared the results of a general election.
Edited by Henry Makori