Kenya Parliament on a mission to accelerate implementation of constitution

By Martin Mutua

All 210 MPs converge on Monday morning for a two-day retreat over the implementation of the new Constitution.

Top on the agenda is the yet to be formed Revenue Allocation Commission together with the Commission on Implementation of the new Constitution, both which are supposed to be in place in less than three weeks.

According to the Transitional and Consequential provisions, the commission is supposed to be in place by November 27, that is 90 days after the effective date, the same time the Commission on Implementation of the new Constitution (CIC) is supposed to have been established.

In a race against time, the parliamentary Oversight Committee on the Implementation of the Constitution, chaired by Mandera Central MP Abdikadir Mohammed, has organised the two-day retreat at the Kenya Institute of Administration to chart the way forward on the matter.

Yesterday, Abdikadir told The Standard besides updating members on the progress so far made, they would be seeking their co-operation for the two commissions to be in place by end of the month.


Mr Abdikadir said they had received support from MPs, but there were urgent issues.

He said the Revenue Allocation Commission and the CIC were urgent and the members


The chairman said since the commission was critical, the process of appointing nominees must be open, legitimate and transparent.

On the other hand, Abdikadir said since the President had gazetted for those interested in the commission to apply, it was his hope that the Executive and Legislature pull in one direction.


That

Last week, the committee met Finance Minister Uhuru Kenyatta and Justice and Constitutional Affairs

Attorney General Amos Wako, also supposed to be in the meeting, is, however, out of the country and is not expected until November 16, eleven days before the deadline for the formation of the two commissions.

Last Monday, Kibaki, in a gazette notice, invited Kenyans to apply for the positions of chairpersons and members of the CIC.

The nine-member commission will be responsible for the generation of Bills that will operationalise the new Constitution in consultation with the Attorney General.

Interested persons have been asked to send applications to the Public Service Commission by November 14.

According to the notice, one must be a Kenyan citizen with a degree from a recognised university. One must also have knowledge and experience of not less than five years in law, public administration, economics, human rights or Government to qualify.

Yesterday, Mutula said the Constitution, in Article 215, suggested that the formation of the Revenue Allocation Commission does not require legislation by Parliament.


The Revenue Allocation Commission is a critical one because it will also be charged with the responsibility of determining the basis for allocating among the counties the share of national revenue that is annually allocated to the county level of Government.

But the principal function of the commission will be to make recommendations concerning the basis for the equitable sharing of revenue raised by the national Government between the national and county governments and among the county governments.

This commission is also charged with the function of making recommendations on other maters concerning the financing of and financial management by county governments as required by the Constitution and national legislation.

In formulating its recommendations, the commission shall seek to promote and give effect to the criteria set out in article 203 (1) on equitable share and other financial laws.

And when appropriate, the commission shall define and enhance the revenue sources of the national and county governments, and to encourage fiscal responsibility.

The commission is also charged with determining, publishing and regularly reviewing a policy in which it sets out the criteria by which to identify marginalised areas.

The commission, according to the Constitution, shall submit its recommendation to the Senate, National Assembly, National executive, county assemblies and county executives.