An unnecessary luxury

Jul 08, 2004

CABINET HAS reportedly resolved that Parliament should first vote before the nation is consulted in a referendum on the return to multi-party politics and the lifting of term limits.

CABINET HAS reportedly resolved that Parliament should first vote before the nation is consulted in a referendum on the return to multi-party politics and the lifting of term limits.
The proposed referendum will cost 22 billion shillings. The referendum is primarily intended to approve a return to multi-party politics following the 1999 referendum that approved the continuation of the Movement system.
Some people argue that the referendum is an unnecessary expense since government has agreed that multi-party politics should return and the courts have ruled that multi-party politics are de facto already in place. Moreover, the late Francis Ayume issued a statement last year saying that political parties were free to organise nationwide pending a government appeal to the Supreme Court (an appeal that has now been shelved).
However, the primary method envisaged in the Constitution for restoring multi-party politics was through a referendum, although other methods are also possible. Arguably there should be a referendum on multi-parties for purposes of historical continuity.
But Clause 105 (2) that enshrines presidential term limits can only be amended by a two-thirds majority of Parliament in secret ballot. A referendum is not necessary for this amendment.
The argument for having a referendum on the ‘third term’ is that it would indicate to MPs the feelings of the masses. But if the MPs have already conclusively decided, then this would be pointless.
Government has been exceeding its targets for deficit spending. If MPs truly will first decide on multi-parties and term limits, then the referendum will be an unnecessary luxury. If the story is correct, government should save the 22 billion shillings, or $12 million, by cancelling plans for the referendum.
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