Sunday, July 3, 2011

'I will not take blame for delay.’ Says Wako

Written By:Lillian Mwendo ,    Posted: Sat, Jul 02, 2011

The new constitution requires Attorney General Amos Wako to leave office by the end of August
The country will now be able to form an Independent Electoral and Boundaries Commission (IEBC) that will see the creation of an additional 80 constituencies before next year's general elections.
This will follow an assent to the IEBC Bill which the attorney general will be presenting to the president on Wednesday next week.
Wako has explained that the bill had been delayed not by his office but by the clerk of the National Assembly who was supposed to certify it as a true copy before the president's assent.
Leaders have however called upon Wako to finalize on all bills necessary for the preparation of next year's general election by August 2011.
Three  days ago the Constitutional Implementation Commission (CIC) raised the red flag over the delay by the attorney general in presenting before the president the Independent Electoral and Boundaries Commission Bill  passed by parliament a month ago for his assent.
Protest letter
In a protest letter by CIC chairman Charles Nyachae to Wako the commission raised questions over the delay in submitting the Independent Electoral and Boundaries Commission - IIEBC bill 2011 to the President for assent.
Nyachae in the letter copied to Justice Minister, the Kenya Law Reform and the Parliamentary Constitutional Implementation Oversight Committee said the AG was entirely to blame for delaying the bill.
"Whilst it may be understandable that Parliamentary processes resulted in the delay relative to the internal timeliness, we are with respect, unable to see any justification for the delay in presenting the Bill to the President for Assent" said the CIC chairman.
He said that other bills passed by parliament recently have been signed by the President while the all important IIEBC bill is yet to be forwarded to the President for his approval.
He said there was a delay in passing the crucial bill and the commission does not understand why the AG is taking too long to forward the bill to the president.
Nyachae further questioned whether the inordinate delay of one month, to forward the Bill to the President, is a deliberate ploy to stall the implementation process, or whether it is as a result of a lack of appreciation of the import of the constitutional obligation the Attorney General has in the process.
He added "in either event, from the perspective of CIC in the discharge of its mandate, the Attorney General begins to appear like an impediment to the process".
No response
The new constitution requires the AG to leave office by the end of August. And after his arrival back in the country from Sri-Lanka, Wako sought to set the records straight.
In a statement the AG explained that following numerous amendments to the bill by parliament at its passage, he prepared the draft bill and returned it back to the Clerk of on the 21st of June for the final verification and certification as a true copy before the President's assent.
He said since then no response has been received from the Clerk who is said to be currently out of the country.
"My office prepared the draft Bill for assent and returned it for final verification and approval by the Clerk on the 21st June, 2011. This was particularly crucial as the Bill had been extensively amended before passage" the AG said.
He added " It is also the procedure that before a Bill is presented for assent, the Clerk must certify it as a true copy of the Bill as passed by the National Assembly. Since then, we have had no response from Parliament".
CIC had expressed fears that the delay in the IEBC bill could affect the preparations of next year's general elections supposed to take place in August as per the new constitution.
But wako is allaying these fears and says the process is on course.
Putting pressure
On the other hand leaders are now putting pressure on his office to ensure that all the other requisite legislations are finalized before the 27th of August to enable a smooth running for the electoral process.
Gatanga Member of Parliament, Peter Kenneth, has called on the Constitution Implementation Committee (CIC) to fast track the new constitution implementation process before the country goes to next year's general elections.
Mr. Kenneth singled out electoral laws which, he said, needed to be in place on time for Kenyans to go to the ballot in August next year as outlined by the new constitution.
Speaking in Ol Kalou constituency Kenneth scoffed at some politicians whom he accused of frustrating the constitution implementation process so that the next general elections are delayed.
"There are some politicians who want the elections to be held in December next year while some even want the life of the current parliament extended to year 2013 yet the constitution is very clear that national elections should be held in August," he said.
The Gatanga legislator, who has already declared his interest in gunning for the presidency, said politicians, who did not wish to see the new constitution implemented, were afraid of facing the electorate come the next general elections and that's why they were bent on frustrating the constitution implementation process.
He said he was ready for the elections should they be called any time.
Mr. Kenneth urged Kenyans to fully support implementation of the new constitution saying it was the best thing for the country as it ensured more devolved funds reach grassroots and uplift lives of ordinary citizens.

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