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"id": 299472,
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"content": "Memorandum by His Excellency, the Hon. Mwai Kibaki, President and Commander-in-Chief of the Kenya Defence Forces, submitted to the Speaker of the National Assembly. Whereas a Bill entitled “A Bill for an Act of Parliament to make minor amendments to Statute Law, the Short Title of which is “The Statute Law (Miscellaneous Amendments) Bill, 2012, was passed by the National Assembly on the 21st June, 2012; and whereas The Statute Law (Miscellaneous Amendments) Bill, 2012, was presented to me for assent, in accordance with the provisions of the Constitution, on 25th June, 2012, now, therefore, in exercise of the powers conferred on me by Section 46, Sub-Sections 3 and 4 of the former Constitution, I refuse to assent to the Statute Law (Miscellaneous Amendments) Bill, 2012, for the reasons set out hereunder: On the Political Parties Act, 2011, Act No.11 of 2011, Section 51, the Bill proposes to amend Section 51 of the Political Parties Act, 2011, to introduce a new sub- section 1(a) as follows:- 1(A) Until after the first general elections held after the commencment of this Act, nothing provided in sub-sections (4), (5) or (7) of Section 14 shall be considered as requiring a person to vacate his or her seat as a Member of Parliament or of a local authority or as disqualifying any person from eligibility to contest an election under this Act. The matter of the consequence of defecting from political parties or changing allegience between parties is already the subject of court petitions among them the following:- (i) Petition No.220 of 2011 - Ephraim Maina versus the Attorney-General; (ii) Petition No.233 of 2011 - Gideon Mbuvi versus Attorney-General; (iii) Petition No.172 of 2011 - Alexander Muthengi Muchee versus Minister for Justice; (iv) Petition No.198 of 2011 - Johnstone Muthama versus Attorney-General; (v) Petition No.254 of 2012 - Isaac Aluoch Polo Aluochier versus Attorney- General. These petitions are still pending in the courts. In keeping with the doctrine of separation of powers, matters which are before the court should not be the subject of legislation by the National Assembly. Recommendations: For the reasons specified above, I recommend that the proposed sub-section 1(A) be deleted from the Bill. The Elections Act, No.24 of 2011, Section 22. The Bill proposes to amend Section 22(2) of the Elections Act to require that candidates for election, as a Member of Parliament should be required 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. The matter of the qualifications for eligibility for election as Member of Parliament is also the subject of the following petition: Petition No.198 of 2011 - Johnstone Muthama versus Attorney-General which challenges the original provisions of the Act relating to the requirement for post-secondary qualifications to vie for elective posts. The petition is still pending in court. In keeping with the doctrine of separation of powers, matters which are before the court should not be the subject of legislation by the National Assembly. Recommendation: For the reasons stated above, I recommend that the proposed amendment to Section 22(2) be deleted from the Bill. It is dated 27th June, 2012. Mwai Kibaki, President.”"
}