2017 polls date debate takes new shape as fresh issues emerge

The 2017 election date is clouded with uncertainty due to its proximity to the budget release date and the expiry of the term of the Independent Electoral and Boundaries Commission (IEBC).

Earlier attempts by Ugenya Member of Parliament David Ochieng to push the elections date from August to December through the Constitutional Amendment Bill flopped, for the second time in October last year, after it failed to meet the required 233-vote threshold.

Of the 244 MPs present, the Bill was supported by 216 legislators while 24 opposed it.

Fresh concerns have, however, emerged over the August 8, 2017 election date throwing the matter into disarray.

As it stands, the election date comes barely two months after the release of the budget statement and a time during which Parliament will have dissolved yet failure to debate and pass the budget will hamstring the IEBC crippling its preparation for the elections.

For IEBC to have access to funds to manage the elections, the Division of Revenue Bill and the County Allocation of Revenue Bill, which ensures the distribution of resources between national and county government, and state departments must be debated and approved by Parliament.

The complexity of the matter has thus left county governments exposed as failure to pass the budget before the elections will enfeeble their operations.

The question that political leaders are now grappling with is whether to move the elections date to December or bring forward the budget release dates for the process to begin earlier than February 2017.

Disrupting the budget cycle

According to National Assembly Speaker Justin Muturi, the timeline for the passage of the budget and the process therein is convoluted by the elections date set.

“We need to think about bringing forward the budgetary process to ensure the budget is passed before June 7th when the House is adjourned, which is two months before the August 8th election,” said Muturi.

“According to our programs, the budget cycle for Parliament begins when the Cabinet Secretary tables the budget policy statement in the House before February 15th every year. The CS is also required to table the Division of Revenue Bill and the County Allocation of Revenue Bill not later than April 30th, two months before the end of financial year set for June 30th.”

The recommendations are then debated and adopted as a resolution of the House which are then communicated to the National Treasury to be considered when preparing budget estimates.

He, however, noted that the implications of a delayed budget would be detrimental to county governments which rely on the national budget to craft their own.

“County governments are required by the Constitution to prepare their budget and table them at their County Assemblies on the basis of the division of revenue law. Therefore, if the Bill delays, it means they cannot prepare their budget,” said Muturi.

Despite last year’s failures, David Ochieng has expressed willingness to restart the process of changing the election dates.

Push for new dates

In an interview with Citizen TV on Thursday, the Ugenya MP said: “I am talking to members who did not see the sense to the Constitutional Amendment Bill last year hoping that they will change their mind.”

National Assembly Majority Leader Aden Duale has, however, ruled out the possibility of supporting the amendment saying Jubilee is ready to work with the August 8th date.

“The Constitution states that elections should be held on the second Tuesday of August of every five years, thus putting the date at August 8th, 2017 and I don’t see the need to change the date,” he said.

For Ochieng’s proposal to work, however, the tenure of IEBC will have to be extended beyond November 2017 which should be the end of their term, a route Jubilee is not willing to take.

“I, together with a number of MPs, voted against the December date the first time it came to the floor of the House because it then forces the adjustment of the tenure of IEBC thus creating a crisis,” said Duale.

The Garissa Township MP noted that the National Assembly will make sure IEBC gets the money they need to facilitate proper preparation for the elections, in consultation with the National Treasury.

“I believe that 90 per cent of the budget required by IEBC to run the next elections should be provided in the 2016/17 budget to give the commission the needed resources to prepare for the elections.”

According to Article 221 of the Constitution, IEBC will be able to access half of their annual allocations if there will be no approval before the election date, though this may not be enough for them to execute their mandate.

Duale, however, admits that the oscillation between the National Assembly, the Senate and National Government over the Division of Revenue Bill, witnessed in the past three years, may impede efforts to ensure timely approval of the budget.

He further stated that: “Parliament is also usually faced with lack of quorum eight months to the election creating a scenario where by March next year it will be difficult to get the required 50 MPs to debate and approve that budget. This may not be a problem from my side though as I can marshal the required numbers.”

IEBC 2017 budget

IEBC chair Ahmed Issack Hassan has said that the commission is working with the August 8 date and sees no need for a change.

“We have divided the budget of Ksh 45 billion into three bits with the allocations for 2016/17 meant to buy kits while the 2017/18 allocations will go towards hiring of staff to help in the running of the elections.”

The Treasury Cabinet Secretary Henry Rotich has, however, proposed the slashing of IEBC’s budget to two thirds of the Ksh 45 billion that they had asked for.

In Rotich’s three-year financial plan, the IEBC will be able to access Ksh 14.5 billion in the year ending June 30th, 2017 and Ksh 17 billion in the year ending June 30th, 2018.

The Majority Leader has, however, said that the commission will get what they need to ensure they run a free and fair election, though calling for the release of the formula used in voter registration exercise.

“IEBC should, however, show the formula they have used to distribute registration kits and clerks across the 290 constituencies especially since some constituencies which are my neighbours have more clerks than Garissa Township.”

Already the electoral commission has upped preparations for a mass voter registration exercise set to start on February 15th, 2016 with the commission targeting to register eight million new voters.

By @benjaminwafula