MP proposes changes to referendum law

Kiharu MP Irungu Kang’ata addressing a past press conference. PHOTO | FILE | NATION 

By JEREMIAH KIPLANG'AT
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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.