President Kibaki meets with members of the Commission on the Implementation of the New Constitution at Harambee House office, Nairobi March 30, 2011. Photo/PPS
By PETER LEFTIE pmutibo@ke.nationmedia.com
Posted Wednesday, March 30 2011 at 22:16
Posted Wednesday, March 30 2011 at 22:16
The team implementing the new Constitution wants laws relating to political parties and elections passed in two weeks so that planning for 2012 can get under way.
Other urgent laws establishing various constitutional bodies must be in place by May 31, the team said.
The Commission on the Implementation of the Constitution (CIC), in its first quarterly report released on Thursday, called on MPs to enact Bills to establish the Independent Elections and Boundaries Commission (IEBC), the Supreme Court and the Commission on Revenue Allocation.
CIC wants the Bill establishing the IEBC passed by April 15 to enable the body to commence its work. Other Bills relating to elections and political parties should be concluded by early May.
On the Supreme Court Bill, the commission notes: “This Bill is so urgent so as to conclude the judicial reforms in time for the General Election.”
Other Bills the commission wants published by end of April are the ones establishing the independent offices of the Auditor-General and Controller of Budget so that the holders are appointed immediately.
The commission also terms as urgent laws on devolution, National Police Service, Public Finance, Leadership and Integrity, the Public Service Commission, Citizenship and the National Land Commission.
It says the laws on devolution, national police service and leadership and integrity are urgent because they have a critical impact on the management of the 2012 elections.
The report was handed over to President Kibaki on Thursday by the CIC chairman, Mr Charles Nyachae.
The commission cited various political challenges that were slowing down the enactment of key laws required to implement the new Constitution.
The challenges included divisions between the coalition partners. “The existence of the Grand Coalition Government requires high levels of consensus on decisions by the Executive.
“During moments when the coalition partners have political differences, the differences manifest themselves in the making of key decisions of national importance. Such differences inevitably delay the progress of implementing the Constitution,” the commission said.
The report also cited the controversy that followed President Kibaki’s nominations to the offices of the Chief Justice, Attorney General, Director of Public Prosecutions and the Controller of Budget saying it had caused delays in the setting up of the offices.
“The disharmony within the government has had an effect on perceptions towards the CIC by different political players.
At different times, the actions of the commission, however well meaning, are regarded as aimed at, or having the effect of, supporting or not supporting a given political preference,” the report further states.
The commission recommended that both the President and the Prime Minister remain steadfast in providing leadership in the implementation of the Constitution by championing “the protection of the implementation process from any delays or other adverse consequences arising from such differences”.
The commission further asked the political leadership to adopt a bipartisan approach on matters relating to the implementation of the Constitution.
“In this regard, Parliament is requested to facilitate faster processing of the priority laws during this session to ensure the setting up of the institutions and systems required for implementation of the Constitution.”
Further, it wants urgent action by various organs working on county governments to ensure they are operational after the next general elections.
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