Wednesday, September 15, 2010

By Martin Mutua and Beauttah Omanga

Another controversy has erupted over creation of 80 new constituencies set out by the Constitution, even as the row over the fate of the Provincial Administration remains unresolved.

The new political quake, whose shockwave is bound to be felt across the country, is over whether Interim Independent Boundary Review Commission (IIBRC) should close shop on November 27 and leave the task of marking out new constituency boundaries to its successor.

The storm peaked ahead of a Cabinet meeting today, which is set to discuss the turbulence of implementation of the new Constitution.


Raila Odinga


According to the new laws IIBRC is to be merged with the Interim Independent Electoral Commission to create Independent Electoral and Boundaries Commission.

But what is at stake as the flurry of conflicting letters fly between Prime Minister Raila Odinga, Justice Minister Mutula Kilonzo, and IIBRC Chairman Andrew Ligale, is the question of whether delays in creating the new constituencies may make the new electoral areas time-barred for 2012 General Election.

The Constitution decrees that for them to be incorporated in 2012 elections, the constituencies must have been created 12 months previously.

The guarded row is buried in secret letters between the three points to deep-rooted suspicion in Grand Coalition Cabinet on the implementation of the new Constitution.

The row also builds on the disagreements set off by Internal Security Minister George Saitoti’s declaration the Provincial Administration won’t be scrapped, but renamed and its role and jurisdiction redefined.

Prof Saitoti and Mr Mutula belong to the PNU wing, while Raila and Lands Minister James Orengo – who stepped into the row on Tuesday – are from Orange Democratic Movement.

The differences have thrown boundary delimitation by IIBRC into disarray, as its mandate had allegedly expired because a permanent commission should replace it in two months.

Mutula set the ball rolling when he, on August 31, wrote to Mr Ligale telling the commission to start winding up its work. He argued its mandate was coming to an end on November 27. "Be advised that the powers of delimitation and publication of boundaries of constituencies and wards under Article 89 of the new Constitution relate to your successor and not to you," wrote Mutula, hinting he just needed to make his recommendations.

The minister cautioned the Ligale team against making any further expenditure on the procurement of additional equipment and financial commitment unrelated to the writing of the final report and winding up of the commission.

But curiously, Ligale replied to Mutula three days later, just as Raila, too, wrote to the Justice Minister. The PM, who co-ordinates and supervises functions of ministries, put up a legal argument on why IIBRC should be let to complete the task of rewriting electoral boundaries.

Revised its programme

Ligale, on the other hand, did not dispute the tenure of his team ends on November 27, but told Mutula his team had revised its programme to complete the tasks given it by this date. The inference was IIBRC would still complete the task before IBEC is constituted.

Raila, on his part, told Mutula the Constitution states, "The boundaries commission established under the old Constitution shall continue to function as constituted…"

Ligale also asked for a meeting with Mutula, explaining: "We now request for an urgent meeting between yourself and the commission to brief you on the revised work plan and agree on the way forward."

The question now is whether IBEC will be in place by December to take over the process. It is highly doubtful, because the vacancies have not been advertised and the names will still have to be short-listed and interviews conducted for the new Commission to be operational.


Mutula Kilonzo  

Orengo called for an all-inclusive process to stem the rising tide of confusion that seems to be frustrating implementation.

In a letter to the eight members of the Cabinet sub-committee on the implementation of the new Constitution, Orengo says irrespective of whatever legislation is meant to operationalise the new document, there was need for wider consultation.

"In my view, therefore, there is need for discussions on the process of initiation of legislation and administrative reforms within Government to make sure we do not hijack a role that really belongs to the people," said Orengo.

The PM in his letter told the Justice Minister that under the new Constitution, IIBRC should not be subject to the direction or control of any other person or authority.

Raila maintained that section 41c states that IIBRC shall be responsible for making recommendations to Parliament on the delimitation of constituencies, wards, and the optimal number of constituencies.

The IIBRC was formed in 2008 with a mandate to reconstitute the existing constituencies and create an additional 80 constituencies to conform to the new Constitution.

On Tuesday Mutula maintained he would not change a comma or a full stop in his statement.

No comments:

Post a Comment