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Mps Plot to Change Law on Party Hopping 1 SUNDAY NATION 22 I Sunday Review May 20,2012 ELECTIONS LAW I House expected to make changes to the Pol itical Pa rties Act to accommodate developments I MPs plot to change law on party hopping Musyimi amendment seeks to let MPs change parties saying by-elections would be untenable BY NJERI RlJGENE over arguments it would encour nrugene:'ake.natlonmedia.com age impunity and indisciplli1e in EMEKA·MAYAKA GEKARA political parties, set a bad prec­ gm<Jyilka n ~ nabonmedia.com edent and offend the spirit of the Constitution. Ps and conncillors who But Mr Musyimi, a Baptist have defected to other minister, reckons that given the M parties wiU keep their fluidity of Kenya's i)olitics, eth­ seats until the General Election nic mobilisation and the 2007/8 if the House passes proposed violence, the provisions are out changes to the elections law. of tune with reality. In a move that is likely to at­ "Whereas this law is good, to tract overwhelming support in apply it during a time of transi­ the House, an MP has moved tion is not good for the country. to amend the Political Parties We need these provisions, but not Act to allow politi.cians to defect now:• said the Gachoka MP. to parties other than those that The proposals will help setlle sponsored theM without losing the country, give room for people their scats to associate and all11w "politics Gachoka MP Mutava Musyimi space to coalesce:· ht• said. wants Ia' ·s barring MPs from "Given the current difficult being members of more than political situation, we may need om polit cal party suspended to evoke our robust Bill of Rights unt I after the: General Election. :md create room tor e,joyment of The PNU pplitician and presi freedom of association. There is ctential hopeful argues that the a need to take away the inability FILE I NATION tions should have been concluded URP party mem· country is in a difficult transition to cross to the next level. People REACTIONS by January 18, 2013. period that needs to be managed have made up their minds (on But the major challenge for bers led by their delicately. where they want to go)." What way forward for legislators? politicians is Section 28 of the leaders, chair· "Given the importance of elec Act. It says: "A political party that man Francis ole tions and the fact that at least Presidential hopefuls nominates a person for any elec­ Kaparo (centre), 50 per cent of MPs are involved The country has recently tion under this Act shall submit to Eidoret North dire1'tly anJ indirectly in forma­ witnessed a mass movement the commission a party member­ MP William Ruto tion of new parties. we need to of politicians as they reposi ship list ofthe party at least three (right) and Ma­ accept the reality that facing a tion themselves for the coming months before the nomination of tuga MP Chirau by election by half of the MPs in elections. ~he candidate." Mwakwere, when Parliament and local authorities is They include Dep.lty Prime So, calculating from the January they were given not the way to go;• he argues. ministers Uhuru Kenyatta, who ~8 . the 1ists should be submitted the party's certif­ Tn his propdsal that is being is today lannching his new ve­ " It is callous for "It is impossible for "Whereas th1s law by October 18, 2011., Ms Lucy icate of compli­ fine tuned by Parliament's legal hicle for the State House race, MPs to violate the a person who does is good, to apply Ndtmgu, the acting Registrar of team, Mr Musyimi is pushJng for and MusaUa Mudavadi, who will law by undermining not appaar in their it during a tuna Political Parties, has said. ance in Nairobi. the suspension of sub-sections 4, seek the top spot on the UD.F the parties that party membership of transition is The two MPs are 5 and 7 of Section 14 of the Po­ ticket. The two have ditched the sponsored them" list to be nominated not good for the Date for submission among tens of litical Parties Act that regulate Kanu and ODM parties on whose Moses Wetang'ula Lucy Ndung'u country·• Musylml For the politicians to comply legislators that membership of parties. tickets they rode to Parliament. ~th the rule, they must resign are supporting The sections say that members Others are Eldoret North MP from their current parties and, parties other of a political party will lose their William Ruto (URP from ODM), The Rev Musyimi intends to two months to the election. ty extension, from Parliament than those that membership and by extension Gatanga MP Peter Kenneth (KNC push his amendments through The Elections Act 2011 declares as well. This is what Mr Musyimi sponsored them their seats - if they form, join or from PNU), The Rev Musyimi the Miscellaneous Amendment that for one to contest elections wants changed. He is proposing to Parliament. participate m the formation of (DP from PNU), Imenti South Bill expected back in the House using a particular party for the the date for submission of party another par•y. MP Kiraitu Murungi (Alliance on Tuesday. The Bill is used expected March 4 poll, he or membership lists be two months The law also savs members of Party from PNU). to update statutes to remove she should be a fully registered before the elections, shifting the a party who pub-licly advocate But ODM's Raila Odinga, PNU's anomalies and regularise them member of that party by October dates from October to January the formation of another party George Saitoti and Narc-Kenya in line with the conditions of the this year. 2013. or promote another party's ide­ leader Martha Karua have indi­ day. However, it has in the past Section 13 of the Act says that "It would create more time for ology, interests or policy would cated that they will stick with been used by the government a political party shall nominate people to negotiate;' he says. be deemed to have resigned from their parties. and MPs to sneak in self-serv­ its candidates for an election at Ms Ndung'u has said that their previous parties. The Friends of Raila lobby ing amendments. least 45 days before a general any MP or aspirant for elective Whereas the Musyimi amend­ group has moved to court seek­ The Gachoka MP has also pro­ election. positions through nomination ment is likely to attract majority il1g to have the seats of MPs posed another amendment to the According to the electoral com­ by a political party should be a support from his colleagues in the associating with other parties to Elections Act that would secure mission. with the polls scheduled member of the chosen party by House. it could trigger opposition be declared vacant. MPs' seats in their parties until for March 4, the party nomina- October 18. Daggers drawn over nominations to regional parliament BY SUtiDAY NATION REPORTERS the Orange party. said a party meeting will be held this expected to demand a slot from the r ,wsd k a ke.nationmedra.com Though in ODM on paper, URP week to discuss the nominations. four allocated to PNU and its 24 politicians have declared that they In an indirect response tc the Keter affiliates. The 'l.Omination of candidates to will wage battle against their mother group, Mr Midiwo invited "all those The parties currently have a the Eas Africa Legislative Assembly party in the coming elections. who know they are ODM members" representative at the assembly \vith hJs ope'led another battlefront as rival Belgut MP Charles Keter (pictured) to attend and deliberate on their Ms Catherine Kimura and Mrs Sara groups scramble for a share of the has said that because of their ODM choices. Bonaya, respectively. The two are n.ne scats. membership, they must have a share "The applicants are ODM members; seeking re-election. The major challenge is that groups of the nominees and threatened to there is no UDF or URP here. We will A meeting ofKanu MPs on Tuesday tl at have shifted loyalties have staked reject the list if their interests are not call a meeting of all ODM members chaired by vice-chairperson Amina claim to slots allocated to thcit· accommodated. so we can pick 1he best candidates. Abdallah and attended by Deputy otiginal parties. "The rules regulating nominations All those applicants are Kenyans, Prime Minister Uhuru Kenyatta is For instance forces allied to Eldorcl to the Assembly must be fo ll owed to and it is good to give everyone a faix said to have settled on Mrs Bonaya. North MP William Ruto's URP who the letter in ODM. If it docs not chance. We will deal with it without She is the widow of former Cabinet dlfcctcd from Prime Minister Raila happen we wiU be in Parliament to acrimony," he said. minister and Kanu diehard, the late 0 lingn·s ODM have demanded a ensure it happens." And in PNU, Martha Kam a's Narc Bonaya Godana. sl art• of the five seats allocated to ODM chief whip Jakoyo Midiwo has Kenya and Gideon Moi's Kanu are .
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