Anthony Mwangi and Eric Juma @PeopleDailyKe
The country could be thrown into a constitutional crisis if the number of independent candidates supercedes those elected on party tickets in the coming elections.
With more than 4,000 candidates expected to appear on the ballot as independents, the issue has become so thorny in both Jubilee and Nasa camps that their respective leaders have been compelled to take positions.
While President Uhuru Kenyatta and his deputy William Ruto have had a soft spot for the independents, Nasa’s Raila Odinga has publicly denounced them and urged his supporters not to vote for them. Parliament, too, is not resting on its laurels and has already set in motion several changes in the Standing Orders aimed at addressing the crisis that would come with a bigger number of independents winning electoral seats.
Speaker of the National Assembly Justin Muturi told a workshop for reporters in Mombasa that the Powers and Privileges Committee has started working on the matter.
The committee has toured various jurisdictions in Europe and Asia for benchmarking. It started with Japan two weeks ago. According to Muturi, the Standing Orders need to be brought up to speed to address the issue of the independents.
For instance, the Standing Orders are ambiguous on who should be the Leader of Majority if the independents win majority seats in one of the Houses or both. But Muturi explains that the issue should not raise concern, as the Standing Orders are clear on the matter: that the Leader of Majority would come from the majority party.
“Independents are voted individually and cannot fit in as party members and, hence, in a situation they are the majority in the House they cannot pick a Leader of Majority. The onus would rest with the majority party,” Muturi explained.
The issue of independents, though not new, with four independent candidates having been elected in the current Parliament, is raising concerns because of the big number of candidates who are vying.
Various political players are now expressing fears that the independents, if majority is voted to Parliament, would have the muscle to control and direct the agenda of the government of the day in the August House.
Similarly, there are fears that apart from being capable of dislodging some of the candidates being sponsored by major parties, the independents could easily form a lobby or welfare group that could upset the political establishment.
IEBC faces the daunting task of designing ballot papers that can accommodate the high number of candidates for various seats. The long ballot paper is expected to pose a headache for voters, especially the elderly and the uneducated.
Voters could also find it difficult to fold the paper and identify symbols.Unlike Jubilee, which has expressed mixed reactions, Nasa has disowned them though this has not gone down well with their supporters.
Speaking in Mandera on Saturday, Deputy President William Ruto said his party is ready to work with like-minded parties, independents included. But Leader of Majority Aden Duale and Kabete MP Ferdinand Waititu, differed with the DP saying Jubilee had no space for people who lost in nominations.
Meanwhile, a section of Siaya professional’s have warned that the six-piece voting pattern call by Raila may cost him his bid unless he drops it at once. The leaders advised Raila to stop supporting party candidates and instead be neutral to evade voter apathy in areas he perceived to be his strongholds.
Led by representatives Kevin Anyim and Dick Okello, they said by endorsing and campaigning for ODM candidates, he was ruining the democracy he has fought for years.
The leaders said the ODM leader was hurting Independent candidates, which was likely to affect his bid indirectly. “We expected Raila to remain neutral just the way he did in the nominations if he is keen on ascending the throne of power after August polls,” said Anyim and Okello while addressing journalists at Kobare in Alego/Usonga constituency.
Anyim said even though Raila kept off party elections but it was done in a skewed manner and some politicians were denied victory since those presiding officers and returning offers were under party instruction to ensure only preferred candidates of the party were to win.
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