Wednesday, March 23, 2011

President Kibaki sets the stage for transition

By Martin MutuaPresident Kibaki set the stage for his looming retirement by calling on Parliament to speedily pass legislation to ensure a free and fair General Election next year. It was the first time the Head of State was speaking directly about the election in which Kenyans will get their fourth President, after Jomo Kenyatta in 1964, Daniel arap Moi in 1978 and himself in 2002. With his statement, Kibaki not only rekindled memories of the bungled 2007 presidential polls that triggered a dispute that took the country to the precipice, but also reset the country’s focus to the era when he will have left power.
He also seemed to pass the message to Parliament, whose term lapses with his presidency, that with less than two years to the first elections under the new Constitution, it was time it fought to have its name entrenched in history. He also read out what seemed his own scorecard on the country’s health under his presidency, including delight at the fact that today the economy is growing at an impressive 5.2 per cent per year.
But Kibaki cunningly avoided the controversial debate on whether the elections should be held in August or December, next year, in his speech.
"The next General Election will be held in less than two years from today. As we approach this important event, it is in the interest of all of us to ensure that the elections are conducted within a framework that guarantees the free and fair exercise of people’s choices," he added.
The Head of State, his memories of the 2007-2008 bungling of the General Election that triggered violence still fresh, called for an end to the recurrence of such an event.
"In saying this, I am fully aware of the challenges and opportunities that we face in decisively dealing with the post-election crisis that we faced in 2008," he added.
Kibaki told a packed House at the reconvening of Parliament that there was need for members to deal with legislation that will restore confidence in the Judiciary. "Our new Constitution has given us the necessary framework to create credible institutions that can serve our needs and deal with past injustices," he added
And Speaker Kenneth Marende exhorted MPs to avoid "power games and retrogressive politics".
Hardline Positions
Marende also spoke against hard-line positions and reminded legislators history was beckoning on the 10th Parliament to lead the implementation of the Constitution within set timelines. "We need to desist from sideshows, power games, retrogressive politics and posturing that tend to delay our grand development plans. Let us be progressively flexible and avoid rigid positions," the Speaker said during the opening of the special sitting at Parliament’s Old Chambers yesterday.
President Kibaki, Prime Minister Raila Odinga, and House Speaker, Kenneth Marende, when Parliament returned for opening of the special sitting at Parliament’s Old Chambers Tuesday. [PHOTO: GOVEDI ASUTSA/ STANDARD]
He spoke before President Kibaki outlined a heavy legislative agenda, which includes scores of Bills to reform the Judiciary, police service and management of elections.

Marende told the politicians — lately embroiled in fierce exchanges over the International Criminal Court cases facing six Kenyans over the post-election violence, 2012 succession politics and party wrangles — that Kenyans are eager to move forward in building the nation.
"Walking in the streets of Nairobi or any town you encounter determined Kenyans. They aspire to see a country standing tall in the league of successful nations," he added.
But when Kibaki touched on the subject of the next elections, it seemed to excite members who applauded, drowning out the President’s voice as he read his speech.
And as if to put Parliament on its toes, the Head of State told members to ensure the two key Bills meant for ensuring free and fair elections are passed within the next three months.
"I would like to remind Honourable Members that we have the rare opportunity to participate in the enactment of new laws which are intended to transform our governance architecture and which will change our social, economic and political interactions," he added.
President Kibaki told the House that the next polls will be much more demanding because of the additional elective seats that would have to be contested for.
Kibaki pointed out that the Independent Electoral and Boundaries Commission Bill was ready and will be tabled in the house for debate soon.
"The Bill makes provision for effective operation of the Independent Electoral and Boundaries Commission, including continuous registration of voters, the delimitation of electoral boundaries, registration of candidates and voter education," he added.
He further said the Government would also table the Elections Bill to provide for the settlement of electoral disputes arising from nominations.
The President said the Bill would also deal with the conduct and supervision of elections as well as the development of a modern system of collection, collation, transmission and tallying of electoral data.
"These two Bills will safeguard free and fair elections, and entrench our democratic system of governance. I, therefore, call upon this august House to debate and pass the bills within the next three months," he added.
The President noted that the Government would prioritise Bills to reform the Judiciary in order to restore confidence within the Kenyan public. "With an objective and independent Judiciary, any dispute arising from interpretation of the new Constitution will be resolved lawfully," he added.
Additional Bills
He disclosed that in this session of Parliament, the Government would table additional bills to fast track the reforms in the Judiciary and make operational commissions and independent offices. "These reforms are intended to strengthen accountability, administration of justice, rule of law and ensure checks and balances in governance," he added.
He disclosed that the Supreme Court Bill to establish the Supreme Court and provide for its rules and procedures was ready and would also be tabled in the House for debate.
Also to be tabled is the Superior Courts Bill, which will provide for the establishment of courts with the status of the high courts to hear and determine disputes related to employment and labour relations, environment and land.
Kibaki also outlined other Bills the Government intends to introduce that will operationalise various commissions.

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