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Kenyan writes to IEBC, wants presidential election clauses amended
A Kenyan named Nyongesa Makhanu has written to the IEBC, requesting a million signatures to modify a part of the constitution pertaining to presidential elections.
In a letter dated 30th September, Makhanu says the constitution does not provide the presidential loser with a seat in any arm of government, which he believes should be changed in order for them to have an effective oversight function as an opposition leader.
“A major setback presented by our Constitution is that, it did not provide the worthy competitor in the presidential contest with any formal position in the three arm Government. This scenario denies the republic an opportunity to have an effective parliamentary oversight of the executive,” Makhanu wrote.
According to Makhanu, the presidential candidate who receives the second highest number of votes in the presidential election should be automatically elected to the National Assembly, and the running mate automatically elected to the Senate.
Furthermore, Makhanu proposes that the President be elected from a third community other than the outgoing or immediate former president. Makhanu contends that historically, election results have determined a social or cultural line that separates persons within the country into groups with differing political objectives, resulting in political conflict among these groups.
“Informed by the fact that one of the leading contestants in the 2007 presidential contest was from a third community, the contest became very antagonistic along ethnic cleavages. Other than those from first community, citizens from other communities did not readily accept the outcome as announced by the Electoral Commission, and hence, precipitated the post-election violence and crimes against humanity,” Makhanu wrote.
He however says that the limitation ought not to apply to the president and deputy president in office at the time of its enactment
Makhanu also suggested that running partners for Presidential and gubernatorial candidates be of the complimentary gender.
He asserts that elections should adhere to substantive legal requirements for sponsoring, nominating, clearing, and registering presidential running mates in order for the successful presidential ticket to be gender consistent.
He believes that the 47 counties should be broken down into seven community groups. He then proposes that a presidential candidate seek sponsorship from a specific county. Makhanu further says that the cluster of the elected President’s Sponsoring County must allow the Presidency to roll freely to two other clusters before sponsoring a candidate in subsequent elections.
Makhanu goes on to argue that presidential and general elections should be held on the third Tuesday of December every five years, rather than the second Tuesday of August.
According to Makhanu, scheduling presidential elections on the second Tuesday of August has a negative impact on the school calendar since it disrupts the season for school mock tests.
He goes on to add that having elections only six weeks following the expiration of the outgoing government’s yearly budget imposes long-term budgetary limits on the incoming government’s ability to implement their election manifesto.
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