Thursday, September 16, 2010

Kibaki and Raila silence ministers

The special session of Cabinet ended with most ministers tightlipped on the proceedings, as fears emerged Treasury's failure to release funds could risk implementation of the new Constitution.

President Kibaki and Prime Raila Odinga chaired the sitting, which came against the backdrop of disagreements on implementation of the new Constitution — especially over the mandate of Interim Independent Boundaries Commission and redeployment of members of the Provincial Administration.

Some of the ministers conceded they were under orders to stop media wars over the new Constitution because of fear the exchanges could stall the implementation.

One minister was blunt: "Atukubaliwi kuongea…sisi tume chukua kiapo." (We are not allowed to speak. We have taken oath of secrecy).

It is said the President and PM asked Cabinet ministers to stop trading accusations the implementation of the new Constitution enters a crucial stage, and continues to raise political temperatures.

No ministers, who are bound by the oath of secrecy and collective responsibility, was willing to give the details of the meeting that the Presidential Press Service reported approved the Judicial Service Bill 2010.

PPS outlined part of the mandate of the Bill as providing procedure of appointment, discipline, and removal of judges, other judicial officers and staff, and establishing National Council on Administration of Justice. The Council shall bring together all players involved in the justice system.

Cabinet ministers have for the past two weeks, been engaged in verbal war on how implementation of certain provisions of the new Constitution was to be undertaken.

Disagreements

The Prime Minister, Justice Minister Mutula Kilonzo, George Saitoti (Security), James Orengo (Lands), Otieno Kajwang’ (Immigration), Uhuru Kenyatta (Finance), Amos Kingi (Fisheries), and several Assistant Ministers have publicly aired their disagreements with their colleagues even though there is a Cabinet sub-committee supposed to build consensus among them.


On Wednesday, Roads Minister Franklin Bett called on his colleagues and MPs to concentrate on how well to operationalise the new Constitution.

"We need to tone down on how we talk and concentrate on work before us. We must first agree on issues before we go to the Press," said Bett, who did not want to be drawn on what transpired in the Cabinet meeting. He expressed confidence the implementation would go on smoothly.

But Mr Uhuru, who is the Minister of Finance, is now on the spot over delay in coming up with a Bill on the stipulated Commission on Revenue Allocation, which would in turn make available money for the implementation of the new Constitution.

The critical commission will be the link between the National Government and the County Governments.

Fears have been raised whether the Bill would meet the implementation deadline, as outlined in the new Constitution, since it is supposed to be in place within 90 days after the promulgation of the new laws.

The Parliamentary Departmental Committee on Finance, Planning and Trade is now concerned that Uhuru, who is also Deputy Prime Minister, is silent on the matter. The Committee Chairman, Nambale MP, Chris Okemo, told The Standard his committee tried to seek audience with the minister over the matter, but in vain.

Parliament criticised

Mutula agreed the Commission on Revenue Allocation is restricted by a timetable in the new Constitution. Similarly, he said the constitution of the Judicial Service Commission and the vetting of judges and magistrate has a time limit.

The line minister said the process could be affected by Parliament’s failure to prepare the oversight committee before it adjourned. He said Parliament ought to have prepared and published Bills to restructure the Judiciary and create the Revenue Commission before breaking off early this month.

"The Bills should have been published before adjournment. The Vetting of Judges and Magistrates Bill is crucial because of the urgent need to interrogate judges who will serve in the Judicial Service Commission," he argued.

uhuru summoned

The minister said the Judicial Service Commission should be established by October 27, as required by the new laws. He also said legislation to create the Commission on Revenue Allocation must be passed urgently to enable its establishment by October 27. Earlier, Okemo who is also a former Finance minister, said the committee met last week and resolved to summon Uhuru to shed light on the matter.

"The Bill has to come from the Ministry of Finance, but we also want to have an input in the legislation. We do not know whether anything has been done, that is why we have called the minister to appear before us next week," Okemo said.

The Ministry of Justice and Constitutional Affairs has prepared the Commission on Implementation of the Constitution Bill 2010, which has been debated by the Cabinet, approved and published. It is waiting tabling before Parliament when it reconvenes on September 28.

The Chairman of the Public Accounts Committee Bonny Khalwale accused Mutula of abrogating the role of drafting the Bill without the input of the relevant House committee.

"We are going to amend that Bill and demand that members of the Commission apply for the jobs through the Public Service Commission subject to vetting by a reputable audit firm before recommendation by the Parliamentary Select Committee," Dr Khalwale said.

Impeccable sources told The Standard Deputy Prime Minister and Minister for Local Government Musalia Mudavadi has already created structures for the 47 counties outlined in the new Constitution.

The sources said Mr Mudavadi has formed a task force to come up with the structures that will operationalise the counties.

Mutula also explained a new Director of Public Prosecutions has to be appointed to speed up investigation on unsolved crimes.

Pending issues include the bombing of a prayer meeting during the referendum campaigns and the prosecution of culprits behind production of fake copies of the Proposed Constitution later passed during the August 4 referendum.

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