IIEC, CoE differ over change of date to enact new law

By PETER OPIYO and BEAUTTAH OMANGA
President Kibaki's choice of date for the promulgation of the new constitution continues to draw mixed reactions.While a member of the Committee of Experts (CoE) thinks the August 27 date contradicts the law, the Interim Independent Electoral Commission (IIEC) Chairman Isaack Hassan defended the President.

Mr Hassan said his commission intends to publish the formal referendum results again; a move, which could legalise President Kibaki’s choice of August 27, and not 20. “We will be publishing the results again after the 14 days window period mandatory for anybody with an issue to raise,” Hassan told The Standard on telephone. Mr Otiende Amollo, a member of CoE, said their opinion was not sought and that the choice of the date is wrong.

14 days

He cited Section 47(a) 6 and 7 of the current Constitution and Section 263 of the new Constitution, pointing out that new laws can only be promulgated on or before the 14th day after the publication of the referendum results.
“It is clearly wrong and dangerous, the idea is to promulgate the new Constitution on or before August 20. Anyone dealing with this matter must look at the current and the new Constitution which are expressly clear on the date,” he said.
Attorney General Amos Wako, Justice Minister Mutula Kilonzo, and Gichugu MP Martha Karua argued the President was within the law.

Dispute resolution

Mr Mutula argued that the Constitution of Kenya (Review) Act 2008, gave any petitioner opposed to the referendum results time to lodge complaints with the Interim Independent Dispute Resolution Court within the 14 days after the publication of the referendum results.
Ms Karua interpreted this to mean that the President has 14 days after August 20 to promulgate the new Constitution.
But Otiende differs, pointing out that the both the current Constitution and the new one supersedes the Review Act.