MPs disallow party hopping, remove degree requirement

By PETER OPIYO

Parliament voted to disallow political party hopping and remove the university degree requirement for those seeking to be elected as Members of Parliament.

This is after President Kibaki declined to append his signature to the Statute Law (Miscellaneous Amendments) Bill, 2012 based on amendments to electoral laws that required MPs to have university degrees and also allow MPs to freely change parties without having to lose their seats.

President Kibaki argued that the matters were subjects of court proceedings and must be deleted from the amendments to the Elections Act and Political Parties Act.

Some MPs who have fallen out with their political parties but have not resigned as required by law, though were unhappy with the President’s move were unable to change the tide as it requires at least 145 of the 222 MPs to disagree with the President. About 100 MPs have publicly declared support for other parties other than the ones that sponsored them to Parliament.

But the MPs disagreed with Kibaki on the reasons he fronted for declining to assent to the Omnibus Bill.

Lands Minister James Orengo said it would have been right for the President to declare the Bill unconstitutional other than citing court petitions.

“He should have said the Bill is unconstitutional rather than hide behind the petitions in court,” said Orengo.

Gichugu MP Martha Karua and Cabinet ministers Moses Wetangula and Moses Kajwang’ said the ban on party hopping would enhance democracy and instil discipline in the parties.

But MPs Benjamin Langat, Ekwee Ethuro, and Isaac Ruto argued the parties should be allowed to transit as some of them are headed by dictators and that banning party hoping would cage those with divergent views.

Discriminatory

Those who voted to delete the degree requirement said it would be discriminatory and would lock out many people from contesting positions.

“Winston Churchill, for example, never went beyond grammar school but he became one of the best leaders in the world,” said Heritage Minister William ole Ntimama.

Transport Minister Amos Kimunya supported the President’s memorandum but pointed out that members would regret when the Salaries and Remuneration Commission would be pegging salaries on educational qualifications.

As it stands now only the president, deputy president, governors and deputy governors would be required to have university degrees. MPs and County Assembly representatives would be required to have a post-secondary education.

Kimilili MP Eseli Simiyu said degrees should not be a requirement as there are many leaders in the world without degrees.

Questions had been raised on Wednesday when a clause that had been deleted by Parliament formed part of the Bill, but it was later rectified when the initial memorandum was withdrawn and replaced.

Attorney General Githu Muigai said yesterday it was a typing error and informed the President of the anomaly, which was effectively corrected.