Daily Nation Kenya story:By Maina Muiruri and Abiya Ocholla
Ninety new MPs — 40 elected and 50 nominated — may find their way into an already crowded Parliament next year, adding to the burden of the Kenyan taxpayer.
This emerged as the country on Thursday night edged closer to getting more constituencies after President Kibaki authorised the publication of a Bill to create new electoral zones.
However, the Government would still have to marshal two-thirds majority of MPs to amend the Constitution for it to have the force of law.
The Proposed Constitution of Kenya (Amendment) Bill 2007 sets a minimum of 210 and a maximum of 250 parliamentary constituencies.
By approving the Bill after a Cabinet meeting at State House, Nairobi, on Thursday — which if passed would open the gates of the august House to 50 women through nomination — the President opened a new battlefront in a bitter war over electoral zones that has divided his own Cabinet down the middle.
The environment is polarised
Already, the environment is polarised, with the Opposition having rolled up its sleeves and vowed to block the move until after the General Election.
Being read in some sections as a plot to gift President Kibaki with more MPs in friendly areas, the proposed nomination of 50 women MPs above the 250 elected would bring the number in the House to at least 300.
On Thursday, the Bill was authorised for publication alongside the Prevention of Organised Crime Bill 2007.
The Attorney General is now expected to publish the Bill within the stipulated 14 days and take it to Parliament through the Ministry of Justice and Constitutional Affairs.
Earlier, Justice and Constitutional Affairs minister, Ms Martha Karua, had said the Government would beat the July 31 deadline set by the Electoral Commission of Kenya to review constituency boundaries.
“Be assured that we will beat the deadline, but do not ask me how. What I know is that we will make it,” she said at the Kenyatta International Conference Centre, Nairobi, on Thursday.
The Bill is bound to encounter stormy resistance when it goes to Parliament as the Government pushed ahead with the move despite spirited opposition mounted by both the Opposition side and Government of National Unity (GNU) MPs.
Wako taken to task
GNU members failed on two occasions last week to agree on many issues, among them how the proposed constituencies would be created.
On Tuesday last week, a day after The Standard exclusively carried details of the ECK review proposal touching on 57 constituencies, Attorney General Mr Amos Wako differed sharply with some MPs at a GNU meeting who opposed creation of constituencies through an Act of Parliament.
Assistant minister Mr Moses Wetangula and Kabete MP Mr Paul Muite put Wako to task, arguing that the number of constituencies could only be increased by amending Section 42 of the Constitution, which sets the minimum number of seats at 188 and maximum at 210.
The meeting, chaired by Vice-President Mr Moody Awori at KICC was stormy as both Wako and Karua argued that an Act of Parliament could be used to create the new constituencies.
The MPs also failed to agree on the number of the electoral areas, with some recommending a maximum of 300 and others 320.
Muite and Wetangula accused Wako of trying to use a backdoor shortcut to achieve the same aim, arguing that creating extra constituencies through an Act of Parliament would be unconstitutional. Karua hinted then that the Bill was ready to be taken to Parliament.
Opposition alleged sinister motive by the Government
Speaker Francis ole Kaparo is on record as having ruled that additional constituencies can only be created through a constitutional amendment. The Speaker has powers under the Standing Orders to reject any Motion that would be against the Constitution.
Opposition politicians led by Lang’ata MP Mr Raila Odinga protested at what they saw as a sinister motive by the Government to fast-track the creation of new constituencies in areas where the exercise would favour President Kibaki.
Raila protested: “We are fully aware that the proposed list of new constituencies is designed only to facilitate gerrymandering by the Government in order to confer numerical advantage to that side and therefore to make even more uneven the playing field on which the General Election will be conducted.”
Government is currently overburdened
Addressing an affirmative action women’s meeting in Nairobi, Raila opposed the increase of more seats saying the mode of creation should be looked at carefully.
“The Government is currently overburdened and increasing seats would also eat into the pockets of taxpayers,” he said, while warning that Parliament Chambers lacked capacity to cope with an increased number of legislators.
Eldoret North MP Mr William Ruto expressed scepticism that the Government would give the ECK a free hand to conduct the exercise.
“We want to be sure that the Government has no hand in the ECK proposal for its own political mischief,” said Ruto.
And former Vice-President Mr Musalia Mudavadi questioned the criteria that would be used in creating the extra electoral areas.
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