Sunday, September 12, 2010

Name law team, MPs demand

By BERNARD NAMUNANE bnamunane@ke.nationmedia.com AND PETER LEFTIE pmutibo@ke.nationmedia.com
Posted Sunday, September 12 2010 at 22:00
In Summary

Government accused of jumping the gun by proposing changes in administration

The government day came under pressure to delay the writing of laws on the new constitution until a key commission is established.

A new body, the Commission for the Implementation of the Constitution, is supposed to oversee the process of making the administrative changes and writing of new laws to bring the constitution into life.

But the government had gone full steam ahead to draft some of the laws, even before the commission is formally established.

A section of MPs and civil society representatives are asking it to stop the drafting and establish the commission first.

“What is going on (drafting and endorsement of Bills by Cabinet) is against the spirit of the Transitional provisions. We are putting the cart before the horse,” said Mr Ababu Namwamba, the vice chairman of the Parliamentary Select Committee on the Constitution.

“Ideally, the only Bill that is to be fast-tracked is the Commission on the Implementation of Constitution Bill,” he said.

Similar views were expressed by MPs Martha Karua and Isaac Ruto, lawyers Paul Muite and Evans Monari and International Centre for Policy and Conflict boss Ndung’u Wainaina.

Government drafters from the Attorney General’s office and the Kenya Law Reform Commission have prepared at least six Bills.

Two of the Bills—the Commission on the Implementation of the New Constitution Bill and the Vetting of Judges and Magistrates Bill— have been endorsed by the Cabinet with the former already having been published.

The Judicial Service Commission Bill, which was placed before Cabinet last Thursday, was taken back by Justice and Constitutional Affairs minister Mutula Kilonzo for fine-tuning.

The Cabinet has established a committee that has been discussing the Bills before they are taken to the full Cabinet.

The yet-to-be established nine-member commission has been tasked to monitor, facilitate and oversee the development of laws and other administrative procedures required to bring some sections of the new Constitution into force.

The commission will report to the Parliamentary Constitution Implementation Oversight Committee which is yet to be established.

On Sunday, Lands minister James Orengo defended the government arguing that the Cabinet committee was not hijacking the job of the Implementation Commission.

Quoting Article 261 (4), he said the new set of laws gave the AG the mandate to draft the laws. “The Attorney General is the one who initiates the bills and in doing so, he works closely with the line ministries,” he said.

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