Nyachae accuses Mutula of altering Bills

By Lucianne Limo

The Commission for the Implementation of the Constitution (CIC) has accused the Cabinet of altering Bills that have already been approved by the commission.

The CIC is pointing an accusing finger at Justice Minister Mutula Kilonzo for being the mastermind behind the changes on Bills already approved.

The CIC chairman, Charles Nyachae, described as alarming the levels at which the Cabinet, without making reference to the commission, was making fundamental changes to Bills. Nyachae said other than the Supreme Court Bill, the Cabinet has made changes to several Bills and they were forced to make advisory opinions to Parliament to make amends.

“The latest cases in point are the Political Parties Bill and the Kenya National Human Rights Commission Bill,” he said at a news conference at his Delta House office.

Nyachae did not give specific nature of the alteration, saying his commissioners are looking at the draft Bill and will disclose the nature and magnitude of the changes today.

He cited some of the Bills that were altered to include the Judicial Service Bill, Interim Independent and Boundaries Bill and Salaries and Remunerations Commission Bill and the vetting of Magistrates and Judges Bill.

He said as a result of the alterations, the commission has been forced to mitigate the constitutional violation by rendering advisories to the National Assembly.

It is a matter of serious concern that the disregard for express constitutional provisions appear to have become deliberate and a matter of routine and more so it is apparently done with the explicit support and approval of Justice Minister, he added.

The Salaries and Remuneration Bill was returned to Parliament on CIC’s recommendation of a constitutional anomaly.

Consequently, President Kibaki declined to assent to the Bill noting that a provision allowing the appointment of the members drawn from the professional bodies ought to have been included in the Bill.

I am informed that a proposal to amend the Bill at the committee stage in order to incorporate the missing provisions was submitted to the office of the Clerk of the National Assembly, but was inadvertently omitted from the Order Paper on the material day, he said in the memorandum.

The vetting of the Magistrates and Judges Bill also ran into trouble with Mutula and Nyachae disagreeing on some contents that were inserted in the draft Bill.