Tuesday, June 21, 2011

MPs will retain party posts, insists Raila

BY WAMBUI NDONGA

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NAIROBI, Kenya, Jun 21- Prime Minister Raila Odinga has maintained his opposition on the interpretation of the new Constitution that Members of Parliament be barred from holding political party positions.

Speaking during the official opening of the first Annual National Constitutional Implementation Conference in Nairobi on Tuesday, the PM argued that MPs and Ministers should be allowed to hold leadership positions in political parties saying it did not breach the Constitution.

Mr Odinga added that Article 77 (2) of the Constitution only placed these restrictions on public officers who are appointed by the state.

"The Chairman of the Commission for the Implementation of the Constitution (CIC) says no politician should hold such a position; that is no MPs and no Ministers.  So I ask him, are we going to get these leaders from the Church?" he retorted.

Article 77 has drawn different interpretations with the CIC arguing that it refers to all public officers including the President, Deputy President, Cabinet Secretary, MPs, Secretary to the Cabinet, Attorney General, judges and magistrates, members of commissions, holder of independent offices, governors and their deputies and county assembly members.

CIC Chairperson Charles Nyachae added that politicians should put aside their own personal interests so as to facilitate the full implementation of the Constitution.

He urged MPs to focus more on the implementation process as opposed to their political ambitions.

"All these elements of resistance must not be allowed to derail the implementation process. In this regard CIC reiterates its concern regarding non compliance with Article 77 of the Constitution," he said.

"This Article prohibits appointed State officers from holding positions in political parties," he said.

The Premier further called on the newly appointed Chief Justice Willy Mutunga to settle the matter. He said that the Supreme Court should give direction on the matter in readiness for next year's elections.

"Fortunately the Supreme Court is going to be there to help us with this interpretation. I hope that they are going to come to the same interpretation as ourselves because political parties must be led by politicians," he said.

Although the PM noted that there were various hurdles that threatened the implementation of the Constitution, he expressed his optimism that it would be implemented in a timely and wholesome manner.

He reiterated his past stance saying that the government was committed to the implementation process.

"Let us embrace the attitude of looking forward and to the promise that tomorrow brings and not the difficulties that were imposed on us today and yesterday," he said.

Mr Odinga further challenged Kenyans to rid themselves of tribalism arguing that it would help implement the Constitution.

He also said that there was need to increase public participation in decision making processes arguing that it would facilitate the implementation process.

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