Hand over report to polls team, Ligale told

Public Health minister Beth Mugo with Water assistant minister Ferdinand Waititu during a press conference at Parliament Buildings in Nairobi on Monday. The two have called for the rejection of the report on the creation of new constituencies by the Boundaries Commission. STEPHEN MUDIARI | NATION 

By BERNARD NAMUNANE bnamunane@ke.nationmedia.com
Posted Monday, November 15 2010 at 21:00

IN SUMMARY

• Mutula says the dispute should be resolved by IIEC that will fine-tune new constituencies

The team reviewing constituency boundaries has been asked to hand over its report to the polls commission to end the row surrounding proposals on the new seats.

Justice minister Mutula Kilonzo made the call on Monday as the Interim Independent Boundaries Review Commission (IIBRC) was locked in a day-long meeting to resolve the controversy surrounding the proposed distribution of the 80 fresh constituencies.

It also emerged that the fury with which some leaders have reacted to the leaked proposal was driven by the IIBRC’s decision to go against a deal struck by MPs over the new constituencies in Naivasha early this year.

Mr Kilonzo, echoing contents of his letters that he wrote in August to the IIBRC, led by Mr Andrew Ligale, said the boundaries review team should hand over its recommendations to the IIEC.

The Justice minister proposed that the Interim Independent Electoral Commission (IIEC), chaired by Isaack Hassan, should be the one to fine-tune the new constituencies.

The majority of MPs have opposed the proposals by the IIBRC and at least two of them are expected to move to court today to block the gazettement of the recommendations.

Mr Kilonzo, who walked out on the Ligale commission at the weekend in Mombasa, in August wrote letters to them asking them to prepare to hand over to the IIEC since their mandate ends by next Saturday.

“Upon the end of your mandate your work will be taken over by the Independent Electoral and Boundaries Commission, which will carry it forward,” he said in a letter dated August 31.

However, Prime Minister Raila Odinga and Mr Ligale protested against the letters by Mr Kilonzo in their responses dated September 3.

In a four-page letter to Mr Kilonzo, Mr Odinga disagreed with the Justice minister, saying the new Constitution empowers the commission to carry out its mandate until its term expires.

“The commission is required by law to make, before the expiry of its term, recommendations to Parliament on the delimitation of constituencies, local authority electoral units, and administrative boundaries,” it read in part.

“And new constituencies or wards recommended by the commission to Parliament and prescribed as such by an order of the commission in the Kenya Gazette shall, provided that their number does not exceed the maximum or is not below the minimum number prescribed by the Constitution come into effect upon the next dissolution of Parliament after such order is made,” he added.

Mr Ligale, on his part, told the minister that the new Constitution empowers his commission to carry out its functions until the end of its constitutional mandate.