CIC Vice Chair, Dr Elizabeth Muli (right) with Chairman Mr Charles Nyachae at a past function. Photo/PHOEBE OKALL
By PETER LEFTIE pmutibo@ke.nationmedia.com
Posted Thursday, July 14 2011 at 14:48
Posted Thursday, July 14 2011 at 14:48
The Commission for Implementation of the Constitution (CIC) will concentrate on 11 crucial laws in a bid to beat the August 27 deadline for their enactment.
Among the laws required to be in place by August 27, directly relate to the next general election due in August 2012.
In a letter to Justice Minister Mutula Kilonzo, the Commission’s Vice Chairperson Elizabeth Muli said her team would set aside all other laws required to give force to the new constitution and only concentrate on the eleven laws which are expected to be in place by August 27.
“Our earlier commitment to work on bills other than those due in the first year was premised on having on board a full secretariat that unfortunately has not been established,” Dr Muli explained.
“We shall therefore only focus our energies on those bills that are due for enactment on or before August 26, 2011,” she stated.
The Commission was responding to a directive by Mr Kilonzo that it hands over the eleven bills which are required to be in place by August 27, so that he could forward them to the cabinet for approval before they are taken to Parliament.
In a letter to the Attorney General Amos Wako and the Commission’s chair Charles Nyachae, Mr Kilonzo had warned that Parliament risked missing the deadline for the enactment of the bills if the matter was not handled expeditiously.
He was referring to the bills on legislation on Citizenship, the Ethics and Anti-Corruption Commission, legislations on elections and the Electoral Disputes.
Others include the Power of Mercy, the System of Courts, the Removal from Office, the Speaker of a County Assembly, the Urban Areas and Cities, the Contingencies Fund and the Loan Guarantees by National Government.
The bill on legislations on elections provides for the delimitation of electoral boundaries by the yet to be established Independent Electoral and Boundaries Commission and guidelines on how the nomination of candidates for seats in the national assembly and county assemblies will be conducted.
It also covers the voter registration exercise and the conduct of future referenda.
The bill on electoral disputes covers legislation on how election disputes will be handled while the bill on Power of Mercy relates to the president’s powers to pardon convicted persons while the Removal from office bill relates to legislation on how judges of superior courts will be removed from office.
In its reply, the Commission said it was yet to receive the Power of Mercy bill from the Office of the President, AG’s office and the Kenya Law Reform Commission.
Dr Muli explained that the Elections Bill, which is in the final stages of being drafted has efficiently addressed all matters contemplated in the laws on Legislation on Elections and Electoral Disputes.
The laws relating to the removal from office of judges of the superior court are adequately covered in the Judicial Service Act, she explained.
Dr Muli further explained that the Commission had just received the two devolution bills, the Speaker of a County Assembly and the Urban Areas and Cities from the local Government ministry.
“As you are aware, we have just received the devolution bills that under section 14(2) of the Sixth Schedule require that CIC is given at least 30 days to consider the legislation,” she noted.
According to Article 261 of the constitution, if Parliament fails to pass a law within the timeline given, a member of the public may move to the High Court to petition on the matter, upon which the court may order Parliament to ensure the required law is enacted within a particular time frame.
If Parliament fails to heed to the High Court’s orders, the Chief Justice shall ask the President to dissolve it immediately.
Parliament can however extend the timeline for the enactment of any law for a period not exceeding one year, but this must be approved by at least two thirds of the MPs.
Posts
No comments:
Post a Comment