Kiharu MP Irungu Kang’ata addressing a past press conference. PHOTO | FILE | NATION
An MP has proposed an amendment to the
Elections Act to force a losing side in a referendum to pay the costs
incurred in conducting the vote.
Kiharu lawmaker
Irungu Kang’ata has drafted amendments to the Act to transfer the cost
of holding a referendum from the Independent Electoral and Boundaries
Commission (IEBC) to individuals calling for it.
The
legislator Monday said the move was to deter “frivolous” referendums
that would be costly but would not help in developing the country.
“The
rationale of the proposal is to deter initiation of frivolous
referendums; to help the state recover costs expended in a referendum
and to provide a procedure and forum for fair assessment of costs to
avoid exorbitant tabulation of costs,” said Mr Kang’ata at Parliament
Buildings, where he addressed the press after informing the Speaker of
the amendments.
He said the proposal was not intended to prevent Cord from pursuing the referendum.
CONSIDERING COSTS
“Where
a referendum is held as a result of initiation by persons other than
the government, members of the referendum committee championing a ‘Yes’
vote will bear the costs incurred by the commission to hold the
referendum personally in the event the result of the referendum is
‘No’,” said the MP.
The amendment to section 52 of the
Act passed in 2011 would also see the involvement of the High Court in
the determination of the cost of a referendum. The Auditor-General would
also play a role.
The losing party will have to pay the money as directed by the court.
IEBC
has estimated that Sh8 billion will be required to conduct the
referendum being fronted by the opposition. As of now the commission
will bear the costs, as it did in 2010.
“We are not
going to have referendums year in year out without considering their
costs. Money used to conduct them could be used elsewhere like building
roads, schools and improving our infrastructure,” said Mr Kang’ata.
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