MPs' action leaves new laws in limbo

By BIKETI KIKECHI

The defeat of motions seeking the adoption of appointees to the implementation and revenue allocation commissions could have far reaching implications.

What transpired in Parliament last night could scuttle the implementation of the new Constitution, and leave the country without a functional constitutional order.

Chairman of the Implementation Oversight Committee, Abdikadir Mohammed, summed it up 0n Thursday.

He warned: "If we are not careful, then there is the possibility of the entire process being thrown of balance."It is a crisis in the making because the new Constitution sets very clear deadlines when each constitutional change should be realized.

Under the transitional and consequential provisions, if Parliament fails to enact any particular legislation within the specified time, any person may petition the High Court on the matter.

The High Court in determining a petition, may direct Parliament and the Attorney General to ensure the required legislation is enacted, within the specified period, and to report the progress to the Chief Justice.

Ordered by courts

If Parliament fails to enact legislation as ordered by the courts, the CJ shall advise the President to dissolve Parliament. Once this happens, only a new Parliament can enact the required legislation, but within the periods provided in the fifth schedule of the new Constitution.

To make matters worse, the extra 80 constituencies the MPs were fighting for will not be delimited until the above guidelines are adhered to.

But it appears some MPs were determined to make sure that the implementation is derailed until the new constituencies are gazetted.

They blame the Government, and in particular Secretary to the Cabinet Francis Muthaura, for allegedly stopping the gazettement of the new constituencies listed by the Interim Independent Boundaries Commission (IIBRC).