Hard work begins

By Martin Mutua

The theater for implementation of the new constitution shifts to Parliament, and Kenyans will be keenly watching how the House will discharge its mandate.

The new constitution has stringent demands on MPs, and provides that Parliament may be dissolved if it fails to do what is demanded of it.

On Sunday, it emerged that Parliament is readying itself to take on the historic task with gusto.

Already, Justice minister and Constitutional Affairs minister Mutula Kilonzo is this week preparing four Bills to jumpstart the implementation process for approval by Cabinet.

Crucial bills

They include the Elections Bill, the Judicial Service Bill, the Commission on Implementation of the Constitution Bill and the Supreme Court Bill. And to signify the seriousness and urgency with which the passage of new laws is being taken, Mutula said he wants the Bills to be passed by MPs within the next three months.Mutula and the Attorney-General will be responsible for bringing the approved Bills to Parliament.

And next week, it is expected that Parliament will constitute a Parliamentary Select Committee on the implementation of the constitution, ahead of its promulgation.
House Speaker Kenneth Marende told The Standard that Parliament was ready to play its role.
“It is Parliament which will breathe life into the new constitution,” he said, adding that MPs would have to pass all legislation as set out in the document.
He said the current MPs had nothing to fear, as the new law provides for completion of their term.

Government Whips Jakoyo Midiwo (ODM) and Johnstone Muthama (PNU) disclosed that plans were advanced for the formation of a PSC on the implementation of the new constitution. “I am sure Parliament is equal to the task and the House cannot escape to undertake this critical and noble responsibility,” said Midiwo.

He criticised those mistaken that they can still negotiate the new constitution, saying there were procedures to be followed for any amendments. “There is no looking back now, because it is time for implementing the new constitution since Kenyans have spoken,” said Muthama.

Basking in international glory

Meanwhile, Kenya continued to bask in international glory over the peaceful referendum and passage of the new constitution.
Yesterday, United Nations Secretary-General Ban Ki-Moon hailed as a “major milestone” the adoption of a new constitution in a referendum that was incident-free.
The UN chief, who is currently on a visit to Japan, congratulated “the people of Kenya for the passing of the new constitution, a major milestone in addressing the country’s long-term challenges.”
In a statement released by his spokesman Martin Nesirky, Ban described the referendum as “an inclusive, peaceful and well-organised process”. He pledged the support of the UN in the implementation of the new constitution.

Effective law

Besides the resources that would be required to implement provisions of the new constitution, Parliament has to pass at least 50 legislations to make the new supreme law effective.
MPs will have to contend with the drastic consequences if they delay in passing the legislations within the specified time frame.
The new constitution — to be promulgated on August 20 at a public forum to be attended by foreign dignitaries — provides for the dissolution of Parliament if it fails to pass any of the 50 legislations.
The agenda for the MPs, who resume sitting tomorrow, is already full as they are expected to get ready to work overtime to meet the expectations placed on them.
The review process was overseen by the PSC on Constitutional Review, headed by Mandera Central MP Abdikadir Mohamed, which has succeeded in its role unlike previous committees under whose supervision a new law proved elusive.
Mohamed’s team of MPs worked closely with the Committee of Experts whose term comes to end upon the promulgation of the new law.
The PSC on Implementation of the Constitution will be working closely with the Commission on the Implementation of the Constitution that has to be in place within the next 90 days.

Before Christmas

A hopeful Mutula said he expected the four key Bills to sail through the House before the end of the year.
“I want the four Bills to go through the House before Christmas to enable the process move forward,” he told The Standard in an interview.
The Justice Minister said the only thing that can slow the momentum would be a petition filed against the endorsed constitution.

Mutula said he will ask the Cabinet to champion for unity and request civic education on the new laws.
He said that he is concerned that if somebody goes to the Interim Independent Constitutional Dispute Resolution court to challenge the new document before it is promulgated, the process of implementation might be delayed for another 30 days.

House dissolution

“There is therefore the need to manage public expectation should this sort of scenario occur,” Mutula said in the Cabinet memo he is expected to present to fellow ministers, which The Standard has seen.
Mutula has also warned MPs that failure to enact the necessary legislation could lead to the dissolution of the House.

If MPs fail to enact any of the specified legislations within the specified time, any person can file a petition at the High Court, which would then order Parliament and the AG to ensure the legislation is passed and keep the Chief Justice informed on the progress. If Parliament fails to follow the orders of the High Court, the CJ will then advice the President to dissolve Parliament.
The Minister also urged Finance Minister Uhuru Kenyatta to “reorganise the budget” to support the implementation of the new constitution.
The international community led by the US has pledged to support the Government in the implementation of the new constitution.

Former Justice Minister Martha Karua, said Parliament was prepared and ready for the task, saying the committees will be required to work overtime to operationalise the new document.

Karua notes that those calling for amendments must strictly comply with the provisions of the new constitution, adding that those in positions of authority will swear to defend the new constitution.