Photo/FILE Government Printer Andrew Rukaria apologised after MPs notified him that by backdating the Bill publication date to July 5, instead of the actual date it was published on July 18, he had lied about the commencement date of the Act.
By BERNARD NAMUNANE bnamunane@ ke.nationmedia.com
Posted Monday, July 25 2011 at 22:30
Posted Monday, July 25 2011 at 22:30
The government on Monday changed the publication date of the electoral commission law to avoid the possibility of it being declared illegal.
The change of the commencement date of the Independent Electoral and Boundaries Commission (IEBC) Act from July 5 to July 18 came as a parliamentary committee on the implementation of the Constitution begins interviewing nominees to the panel to appoint the new commissioners.
The error in the publication could have opened the process of setting up the new commission to litigation. (READ: State printer takes blame for Bill delay)
In a brief Gazette Supplement last Friday, the correction read: “Delete the expression ‘5th July 2011’ appearing before the words ‘Date of Commencement’ and insert ‘18th July 2011’”.
The correction, said Justice Minister Mutula Kilonzo and Mandera Central MP Abdikadir Mohamed, was to give legitimacy to the nominees to the panel that will recruit the IEBC members.
“This (correction) has legalised the process of producing the panel to recruit members of the new electoral commission. The nominations are now legal and nobody can challenge them,” Mr Kilonzo said.
Mr Abdikadir, who is also the chairman of the House Oversight Committee on the Implementation of the Constitution (CIOC), said the error was discussed on Friday and the Government Printer asked to correct it.
The meeting over the anomaly was attended by Mr Kilonzo, Attorney-General Amos Wako, Mr Abdikadir, the Commission for the Implementation of the Constitution (CIC) boss Charles Nyachae and Government Printer Andrew Rukaria.
“The date of publication for the Act was factually wrong. There was a meeting last week and it decided to correct it so that the 14-day period of nominating members of the panel start last Monday, the date on which it was published,” Mr Abdikadir said.
The Constitution requires that Acts of Parliament come into force on their publication date in the Kenya Gazette.
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