President Mwai Kibaki Monday refused to assent to the Statute Law (Miscellaneous Amendments) Bill 2012 passed by the National Assembly last week, citing similar matters currently before the courts.
The President refused to sign into law the Statute Law (Miscellaneous Amendments) Bill 2012 in exercise of the powers conferred on him by section 46 (3) of the former Constitution.
Noting that the Bill proposes to amend section 41 of the Political Parties Act 2011, President Kibaki said the matter of the consequence of defecting from political parties or changing allegiance between parties is already the subject of court petitions, among them:
(i) Petition Number 220 of 2011 Ephraim Maina -v- Attorney-General;
(ii) Petition Number 233 of 2011 Gideon Mbuvi -v- Attorney-General;
(iii) Petition Number 172 of 2011 Alexander Muthengi Muchee -v-Attorney-General;
(iv) Petition Number 198 of 2011 Johnstone Muthama -v- Attorney-General;
(v) Petition Number 254 of 2012 Isaac Aluoch Polo Aluochier -v-Attorney-General.
The Head of State pointed out that these petitions are still pending in the Courts and, therefore, in keeping with the doctrine of the separation of powers, matters which are before the Court should not be the subject of legislation by the National Assembly.
In this regard, President Kibaki recommended that the proposed subsection (1A) be deleted from the Bill.
The President also rejected the Bill’s proposal to amend section 22 (2) of the Elections Act (No. 24 of 2011) to require candidates for election as a Member of Parliament to hold a degree from a University recognized in Kenya, in the same way as the President, Deputy President, County Governor or Deputy County Governor.
He pointed out that the matter of the qualification for eligibility for election as Member of Parliament is also the subject of a court case, Petition Number 198 of 2011 Johnstone Muthama -v- Attorney-General, which challenges the original provisions of the Act relating to the requirement for post-secondary qualifications to vie for elective posts.
In this connection, President Kibaki observed that the petition is still pending in court and in keeping with the doctrine of separation of powers, the issue should not be the subject of legislation by the National Assembly. He, therefore, recommended that the proposed amendment to section 22 (2) and 22(3) be deleted from the Bill.
Source:KBC
