The number of nominated lawmakers has been growing bigger over the election periods, but do they work to their best? Do you feel their representation? According to a new bill that has been introduced, a party that loses a seat in a by-election should also lose a nominated slot.
The Bill before the Senate seeks to amend election laws and proposes special seats parties get based on their numbers be reallocated to either the Minority or the Majority when a party’s numbers change.
Nominated senator Agnes Zani, in her Elections Laws (Amendment) Bill, 2018, says the law is silent on what should be done if a party’s strength changes as a result of a by-election.
“The principal object of this Bill is to provide for the procedure for the revocation of the membership of a nominated MP or MCA, where it is necessitated by the variation in the membership of the various political parties represented in the respective legislature,” it reads in part.
The enactement of the proposed law would, therefore, see the Majority side after losing a seat becoming the Minority in cases where it leads with a very small margin.
“If a by-election is triggered to change the strength of a party in the House, there is no law to inform the IEBC what to do because the proportion in representation is based on elected members,” Zani was quoted by a local daily.
Zani, who is seeking to introduce a new provision to Clause 37 of the Election Act 2011, noted some county assemblies have found themselves in a similar scenario.
“If the number of representation moves when a party gains a new member and a special seat is created as a result, the IEBC needs to advice the parties on what to do. Which means a realignment,” Zani said.
She noted that one party gaining or losing a member to the opponent or a different party after a by-election affects the composition and special seats, the other outfit is entitled in the House. The current Act lacks the provision on readjusting nomination seats when the slots it was entitled to changes after losing the seat in a by-election to the opponent party or a newly elected member is from neither of the parties.
The Act provides that a seat for a nominated member can only be reallocated to the next candidate of the same gender on the respective gazetted political party list, if the holder dies, withdraws from the party list, resigns to joins another outfit or is expelled.
Senators will debate the Bill when they resume their sittings in February after their Christmas recess.