So here we are, a country mired in a mud of electoral laws stalemate between the opposition and the party in power Jubilee with continuing political uncertainties.
Already the electoral laws amended by the national assembly under acrimonious circumstances and unilaterally, subject to Jubilee’s numerical strength.
The passing of the six amendments laws required a two-thirds majority, which Jubilee marshaled. In national assembly before the defection of some members, ODM had 74 elected members of parliament, TNA has 68, URP 58, and WDP had 19 before. In total, the elected members are 290, women representatives 47 and nominated 12 MPs.
It is a calculative a different ball game for both Jubilee and Cord in terms of marshaling numbers. Jubilee has an added advantage of members who joined its ranks when it comes to debating a motion or initiating amendments.
Would the failure of Cord MPs to block amendments in parliament be a castor oil for the success of their counterparts in the senate? It is impossible given the spirit and the numerical strength in the senate. Jubilee party has 19 senators while Cord has only 15.
The stage is once again set today for either confrontation or walk out of senate by Cord senators’ failure to raise the numbers to debate and ratify the contested amendments. Senate unknown to many plays a role of legislation, oversight expenditures, revenue: - once a national assembly has decided on the percentage the senate decides what percentage goes to county governments, impeachments, and boundaries, debate, and vote on a motion tabled in the senate where a two-thirds majority is required to pass a bill. Senate has 68 members including nominated ones.
Nevertheless, until then, the onus is on senate speaker Hon. Ekwe Ethuro to use the respected biblical Solomonic wisdom
Here is an embroidery on the story of Solomon and the two harlots who claimed the same baby (1 Kings 3:16-28). He ordered the child cut in half, divided between them and just as the soldier’s sword was about to descend one woman (the true mother) cried No! Give the child to my antagonist.
A Solomonic wisdom poses or rather raises the issue of claim of moral principle about telling the truth. Between Jubilee and Cord who is morally principled and telling the country the truth concerning the electoral amendments.
Back to the harlot's analogy, one woman told the truth concerning the child while the other told falsehood on the same.
Two things would determine Hon Ethuro's sense of responsibility. One, being agape and two, the forensic prism, where his sense of responsibility whether national assembly followed the law or breached.
The country looks upon Hon. Ethuro hoping that, despite odds stacked in favor of Jubilee, he would smell the coffee, make impassioned, reasoned ruling anchored on senate standing orders to save the country from anarchy.
Wild reactions from Cord and threat to stage demonstration starting January 4, 2017, were a result of lack of inclusivity. Following Cords announcement to picket calls made upon the President not to sign the controversial amendments into law, should they sail through in senate, which is likely. However, allow a bi-partisan negotiation between the contesting parties before signing the amendments into law.
Among organizations calling on the president not to sign are KNHRC, NCCK, COTU and Kenya Widows Association. Picketing is guaranteed in the constitution as a way of expressing displeasure about a subject. Cord perfected this art by piling pressure on IEBC officials to vacate office and held sway.
The misfortune of losing an election is too painful to Cord it is effective tutor, it has taught them about their strength and acquainted them with limitations, which is an important part of maturity.
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As a result, Cord is not taking chances on electoral laws, and if the worst comes to the worst, they seem determined to picket for quiet some time in 2017. Over and above, let us see if the gamble with demonstration will pay dividends as it were with the exiting IEBC.
Equally significant to note, is that, the demonstration will hurt the business hub of Central Business District of Nairobi, it will as well hurt our security where goons take advantage to breach law and order; lives will be lost in the process due to confrontation between demonstrators and police massed to check incidents of lawlessness.
Senate stands on the path of making history by setting a precedent to disregard the electoral law amendment and send them back to national assembly passed following requisite parliament standing orders.
Can Hon Ethuro make a ruling devoid of pressure of allegiance contemporaneous with Solomonic wisdom to save the country from anarchy of literally divided into two?