File | NATION Parliament Buildings, Nairobi. MPs on Tuesday voted to adopt the report of the boundaries review commission which seeks to create 80 new constituencies.
By NATION TEAMPosted Tuesday, December 21 2010 at 21:00
Parliament on Tuesday adopted the controversial report on new constituencies in an acrimonious sitting.
Debate degenerated into a shouting match as MPs supporting the report became hostile to alternative points of view, including that of Justice and Constitutional Affairs minister Mutula Kilonzo that adoption of the report was an “advance violation of the Constitution”.
“You cannot dictate to an independent commission under this Constitution,” Mr Kilonzo said.
He was opposed to a recommendation by the Justice and Legal Affairs Committee that the Independent Electoral and Boundaries Commission should use a report prepared by the commission chaired by Mr Andrew Ligale as its primary document when it begins its mandate.
Mr Mutula’s argument was that under the new Constitution, Parliament does not have the power to create new constituencies. According to him, that was the job of the Independent Electoral and Boundaries Commission, which is yet to be formed.
Buoyed by an earlier win barring nominated MP Mohammed Affey from amending the report, the MPs got their way and had the matter decided through a verbal vote.
Some MPs were seen dancing in celebration afterwards.
The report gives Parliament one month to enact the IEBC law to address what the committee calls “outstanding issues” in the controversial report compiled by the now defunct Ligale team.
Gazette the findings
The committee also wants the new commission, once it is formed, to have “a limited mandate” and within six months to conclude the Ligale team report and gazette the findings.
The MPs were divided over whether to approve an amendment to give the new commission that will take over from what the Ligale team a free hand to review the boundaries or limit its mandate to the Ligale report.
Those who opposed the amendment carried the day with 87 votes to 37. The House finally approved the same in a heated and acrimonious atmosphere.
MPs will now have to set up the Independent Electoral and Boundaries Commission (IEBC) within a month.
Mr Affey (ODM-K) wanted the motion, which had been moved by the Justice and Legal Affairs Committee, amended to remove the restrictions placed on the proposed new commission.
The law would have affected subsequent reviews and delimitations of electoral areas.
The request sparked protests from MPs.
Committee chairman Ababu Namwamba (ODM) said the amendment “fundamentally upsets the very delicate balance upon which the report is anchored”.
He objected to the amendment saying the report was “written out of deep and wide consultations” and accused Mr Affey of playing “mischief with a very important and delicate national issue”.
Mr Namwamba unsuccessfully implored Temporary Speaker Philip Kaloki to invoke Standing Order No 56, which prohibits an amendment to a motion that kills the main motion.
Prof Kaloki failed to make any ruling before putting the matter to vote through acclamation. Those who objected carried the day, but those in support forced a division.
Githunguri MP Njoroge Baiya (PNU), deputy chairman of the justice committee, set the mood when he appeared to punch holes in the report that Mr Namwamba had claimed was unanimously approved by the committee.
Metropolitan Development minister Njeru Githae threw a spanner in the works when he failed to convince Parliament that the matter was sub judice, citing three cases filed in court.
Imenti Central MP Gitobu Imanyara challenged him to table the pleadings. The speaker ruled him out of order.
Mr Affey said the new commission should be given a free hand to address outstanding issues arising from the Ligale report.
Cabinet minister Beth Mugo described the Ligale report as a “serious injustice to my people”.
She asked MPs to support the amendment as “we cannot give the commission power and on the other hand take away the same.”
Special Projects assistant Minister Mohamed Mohamud and Isiolo South MP Abdul Bahari supported the sentiments, describing two sections of the report as illegal.
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So the motion has been passed by MP's on the 22nd Dec,2010. I just do not believe that Ruto would rather send the country to the dogs than just step down. Kenya to withdraw from the Rome statute Vs. Ruto to be prosecuted for instigating PEV - no brainer right? Not, this is Kenya and the people have no voice, politicians do as they please.
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