Top four on their way out

By Alex Ndegwa

If Parliament has its way, at least four top Government officials could be out of their jobs by the turn of the new year.

The House, which has of late flexed muscle after getting a shot in the arm from provisions of the new Constitution, has asked President Kibaki and Prime Minister Raila Odinga to advertise the vacancies for Chief Justice currently and his deputy, Attorney-General and Auditor-General by the end of this month. The positions are currently being held by Evan Gicheru and Amos Wako respectively.

Parliament asks President, PM to advertise Gicheru, Wako, Police boss and Auditor-General posts by month-end.

Also in the cross-hairs of Parliament are the positions of Inspector-General of the National Police Service, whose holder will succeed Police Commissioner Mr Mathew Iteere, and the Director of Public Prosecutions, a post presently held by Mr Keriako Tobiko, which they want advertised immediately.

The appointment of the Chief Justice and Deputy Chief Justice is urgent because they are automatic members of the Supreme Court, which Parliament hopes to establish preferably by May next year, according to a copy of resolutions obtained by The Standard.

Further, the new Constitution stipulates that Gicheru vacates office within six months of the effective date, August 27, and MPs are in a hurry to conclude the exercise ahead of the traditional Christmas recess.

These are among key resolutions adopted by MPs Tuesday at the close of a two-day constitutional reforms meeting at the Kenya Institute of Administration to catch up with the implementation timelines set out in the new Constitution.

Vice-President Kalonzo Musyoka, who is the Leader of Government Business in Parliament, had submitted the proposals at the retreat hosted by the Constitutional Implementation Oversight Committee.

It also emerged that political parties are set to play a lead role in the recruitment of commissioners to sit in the Commission on Revenue Allocation, tasked with recommending the basis for the equitable sharing of revenue raised by the national government.

The MPs resolved that the President and Prime Minister forward their nominees for appointment to the Commission on Implementation of the Constitution to Parliament on or before November 19.

Vetting nominees

The relevant committee is expected to conclude the vetting process by November 23, the National Assembly consider and adopt the names the following day, paving the way for the President to appoint the CIC commissioners by November 25.

On Thursday, the advertisement for the positions of members of the Commission on Revenue Allocation will be gazetted, with applications expected to close on November 18.

The list of all applicants is to be published in the Kenya Gazette on November 19 and forwarded to political parties on the same day.

Parties are expected to consider applications between November 20 and 21 and forward the list of nominees to the relevant committee by November 22.

After vetting the nominees, the Finance, Trade and Planning committee will submit a report, which will be considered by Parliament by November 24. Appointment of members of the Commission on Revenue is envisaged by November 25.

The Chairman of the Constitutional Implementation Oversight Committee Abdikadir Mohammed said MPs were grappling with "how to make the recruitment process of commissioners open to public participation and not leave it to parties to nominate persons in the dark room."

The new constitution proclaimed on August 27 decreed that the CIC and CRA are established within 90 days, which means they must be in place by November 27.

According to the timelines, a Bill on the Commission on Revenue Allocation should be passed by December 9 and that establishing the Judicial Service Commission enacted "preferably before Christmas."

MPs have also set a Christmas deadline to pass the Vetting of Judges and Magistrate Bill. The new Constitution requires that all judges and magistrates be vetted to assess suitability to hold office.

Justice Minister Mutula Kilonzo defended the establishment of the constitutional commissions ahead of Parliament’s debate and passage of the respective Bills.

Mutula explained that it was proper because the commissions are established by the Constitution and, in some instances, the supreme law even provided for the criteria of appointing commissioners.

Constitutional commissions

"This is by no means doing things the kienyenji way (casually)," Mutula said in response to concerns by his predecessor, Gichugu MP Martha Karua. Ms Karua had expressed concerns that in the rush to beat the deadlines outlined in the Constitution, Parliament could resort to setting up institutions haphazardly.

"We are going to work in the spirit of article 259 of the Constitution that whatever actions we take are intended to achieve the purpose of this Constitution," Mutula said, explaining that the fifth schedule did not require express legislations while establishing the commissions.

Parliament has since set out to establish the Judicial Service Commission, vetting elected nominees of the Law Society of Kenya and the Judges and Magistrates Association.

The MPs mandated Mutula to present an Omnibus Bill on all Commissions hoping to enact it by next month to guide the speedy setting up of other constitutional commissions.

These include the Salaries and Remuneration Commission, the Independent Electoral and Boundaries Commission, the Ethics and Anti-Corruption Commission and the National Commission on Gender.

Parliament has also set a December deadline to pass the Persons Nominated for Appointment to Public Office Bill. MPs noted that although the Commission on Implementation of the Constitution Act set out criteria for vetting appointments by Parliament, it is an interim measure pending the enactment of substantive legislation.

The Commission on Implementation of the Constitution and the Commission on Revenue Allocation are supposed to be established by November 27.

CIC Chairman Abdikadir Mohammed told journalists at a press briefing:

"We are squeezed for time but I am glad the retreat has made progress and we are moving forward together in unity."

Abdikadir said the MPs had agreed to do everything required to meet the timelines including "the extension of parliamentary sitting hours, days or even shortening the time for recess."

There are fears that should Parliament proceed on the traditional Christmas recess for which MPs resume sittings in March, the implementation of the new Constitution could be thrown into disarray.