Monday, July 11, 2011

CIC accuses Muthaura of sabotage

Written By:Sylvester Ruto/Hallygan Agade,    Posted: Mon, Jul 11, 2011

CIC vice chairperson Elizabeth Muli says CIC's own internal records indicate that a significant part of its budget has not been accounted for.
The Commission for the implementation of the constitution (CIC) says head of Public Service Francis Muthaura is sabotaging the Constitution implementation process.
CIC is accusing Muthaura of blocking recruitment of its staff, failure to pay the commissioners for the last seven months and failure to account for the money allocated to the commission in the last financial year.
Addressing the press at Delta House Monday morning, CIC vice chairperson Elizabeth Muli said it was becoming increasingly difficult for the commission to operate without support and resources.
"Due to the above challenges, CIC has had to work under extremely difficult circumstances in order to fulfill its mandate and uphold the letter and spirit of the Constitution. "
" Failure to recruit staff has compelled CIC Commissioners to put in long hours doing administrartive and secretarial work that should otherwise be done by secretariat staff. "
"Other that the blatant disregard for the law in refusing to pay the agreed remuneration, Government has also refused to provide medical insurance for the Commissioners. This leaves the Commissioners and their families exposed to risks when they are discharging out their official duties."
Ms. Muli said that due to the limited capacity, the commission will strictly concentrate on the bills required by the fifth schedule of the constitution to enable a smooth election next year.
"The consequence of this is that CIC will have limited capacity and resources. Therefore, CIC will be compelled to concentrate only on those Bills strictly required by the Fifth Schedule of the Constitution to be enacted within one year, by the 26th of August 201."
She threatened derailing the processing of various bills that include, the National Police bill, National Security bill, National Intelligence service bill, Legislation on land bills, bills relating to Public finance, Leadership and integrity bills and most bills relating to Devolution.
They now plan to withdraw their commitment to the commission and only work on part time basis to conclude on bills that have a one year time frame.
"To mitigate some of the more severe consequences of the actions of part if the Executive Arm of government, CIC will be compelled to take steps that may compromise the speed of delivery of some of the forces of implementation of the Constitution. In this regard, CIC is considering releasing some of its Commissioners to work on part time basis as their continued full time unpaid service is detrimental to their welfare."
The commissions terms of service were spelt out in May this year on a salary scale of between Kshs.399,440  to Kshs 916,500 and allowances totaling to 442,000 Kenya shillings.
CIC, she said would seek compensation from the government for the unpaid salaries.
"CIC Commissioners are also considering appointing Counsel to enforce the contract and seek appropriate compensation from the government for the unpaid salaries."
They are urging Kenyans to stand up and fight efforts to derail implementation.
"If the anti-reform forces in the government are not stopped from their nefarious activities, CIC regrets that after this phase of the implementation process is completed in August 2011, the process of implementations of the Constitution will grind to a halt. The consequences are loss if all the gains realized so far and stalling the implementation process."
The commissioners were sworn in on the 4th January this year, and in May given an offer on the terms and conditions of service negotiated by the public service and treasury, but seven straight months nothing has been forthcoming.
The commission for the Implementation of the Constitution (CIC) is established under section 5 of the Sixth Schedule and the CIC Act.  

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