Wednesday, August 18, 2010

Ruto's group out of Cabinet team

David Ohito

President Kibaki and Prime Minister Raila Odinga oversaw the first post-referendum session of Cabinet, after which three ministers who opposed the new Constitution at the ballot left empty-handed.

Cabinet also resolved that the implementation dates for the new laws "set out in the Constitution should be strictly honoured and adhered to." The Standard learnt Cabinet recommended the membership of the Constitution Implementation Oversight Committee (CIOC) — which takes over from Parliamentary Select Committee — be expanded from the 15 agreed during the Monday’s ODM-PNU Parliamentary Group meeting, to 21 to accommodate all political interests and groups.

The meeting, which focused on implementation of the new laws, set up a 16-member sub-committee of Cabinet in which, curiously, the President’s and PM’s assurance on Monday of an all-inclusive approach "in the next hardest phase" seemed to have taken a backseat.

Interestingly too, in the sub-committee which will oversee the political aspects of implementation, forge cross-party consensus in situations of disagreements, and accord the new phase the face of Kenya, the President’s party PNU has nine seats, and Raila’s ODM six. The other member of the cabinet in the sub-committee is Attorney General Amos Wako, who is deemed a technical and bipartisan hand.

Though the meeting offered the two principals the opportunity to demonstrate the ‘all-inclusive’ approach they promised, the names of three ministers who campaigned for ‘No’ — Mr William Ruto, Mr Samuel Poghisio and Dr Naomi Shaban — did not feature. The committee is headed by the President, PM, and Vice President, followed by the two Deputy Prime Ministers; Mr Uhuru Kenyatta and Mr Musalia Mudavadi.

On Monday Kibaki called on MPs to drop their hard-line stance, arguing Kenyans had passed the Constitution, but the road ahead was even harder.

Sources privy to Cabinet session reported the Ruto group remained largely quiet. Efforts to reach Ruto for his comments on what transpired flopped, as he failed to answer calls to his mobile phone.

Ruto’s appeal

Sources said Justice Minister Mutula Kilonzo — who is a member — proposed that a small Cabinet sub-committee be formed to oversee the process. Most of the Cabinet members present, however, demanded to be included when the proposal was tabled.

Some sources said Ruto called for an all-inclusive process, but another Cabinet member later said none of the ministers who were in the ‘No’ camp asked to be included.

"The sub-committee will ease the work of the Cabinet by ensuring that Bills for the implementation of the new constitution are fast-tracked," explained the Minister.

The source noted that with the formation of the sub-committee, there would be no need to convene a full Cabinet to discuss passage of the 49 Bills needed to anchor the new Constitution once they are ready for approval. "The sub-committee can be summoned any time to look at the Bills and then give its approval and therefore there will be need for meetings to be called at short notice," added the source.

In the Monday PG meeting, MPs agreed on a 15-member CIOC and picked former PSC head and deputy, Mandera Central MP Abdikadir Mohammed and Budalang’i MP Ababu Namwamba respectively to take the first two slots in that order. The other 13 slots were to be filled by parliamentary parties, with calls made for the exclusion of members who previously served in the PSC.

Lands Minister James Orengo — who is a lawyer and member of the Serena Team — is reported to have told his Cabinet colleagues he had to be included in the committee because of the sensitivity with which the matter has assumed.

"When you hear the ‘No’ people complaining about abortion and Kadhis’ court, those are just cosmetic reasons…the real target is Land. We must move and pass legislation on Land matters to allay the fears and propaganda," Orengo is said to have argued.

Foreign Affairs Minister Moses Wetang’ula pleaded for his inclusion, arguing there were donors willing to support the process, and his was the ‘bridging’ ministry.

Internal Security Minister Prof George Saitoti is said to have reminded colleagues of the importance of his docket, where reforms were already underway.

Wako said his office was working with speed to ensure the drafting was inclusive of the legal department of Parliament, the Kenya Law Reform Commission, and was awaiting the Implementation Commission that he is legally required to consult.

Political shades

Sources said a draft Bill creating the nine-member Commission on the Implementation of the Constitution to be made up of technocrats was ready, and may be presented at the next Cabinet meeting for approval before it is taken to the House.

During the State House meeting, ministers felt the CIOC number was too small to accommodate all political shades required of a House select committee. A minister who spoke to The Standard on condition of anonymity said the Cabinet’s decision was being treated as recommendation to the House, and they would not want it to appear as if the ministers were dictating to Parliament.

President Kibaki will sign the new Constitution into law on August 27 in an elaborate State ceremony at Uhuru Park, Nairobi.

The parliamentary committee on implementation will oversee the CIC, tasked with ensuring the new laws are implemented fully.

The CIOC shall receive regular reports on the implementation from the CIC, an Executive-appointed body.

"It was resolved that the lead ministries charged with initiating of the Bills should commence work immediately," read a statement from PPS.

A technical committee was also created consisting of the Secretary to the Cabinet, and Permanent Secretaries in the offices of the President, Prime Minister, Ministry of Finance, Ministry of Justice as well as the Solicitor General and the AG.

Another Cabinet meeting is set for Tuesday next week. It will look at the Bills that will be ready for approval from Mutula’s and Wako’s offices.

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