Government sidelining Kenyans - CIC

MONDAY, 29 AUGUST 2011 00:05 BY BRIAN OTIENO

WAKE UP CALL: CIC chairman Charles Nyachae. Photo/Philip Kamakya

Ordinary Kenyans are at risk of being rendered irrelevant in the constitution implementation process by the government, the Constitution Implementation Commission has said. CIC chair CharlesNyachae at the weekend accused the executive and Parliament of putting their selfish interests ahead of the interests of Kenyans in the approving of Bills before being taken to Parliament. “The problem is that those actively involved in the implementation process have other personal and political interests,” said Nyachae.

The chairman cautioned ordinary Kenyans to be more vigilant now more than ever now that the executive had for the last one week been rushing Bills to beat the August 27 deadline. “If the people allow the executive to violate the law in this regard, the entire process will be rendered irrelevant,” warned Nyachae, who was speaking to journalists in Diani, South Coast. He reiterated that the passing of the Contingencies Fund and County Emergency Funds Bill 2011 and the National Government Loans Guarantee Bill 2011 by Parliament on Friday is a fundamental violation of the constitution.

Parliament debated on and passed the two Bills despite a court order obtained by the CIC barring the same being in place. “CIC has every intention to get the court to declare the two Bills unconstitutional and to be struck out. Timeliness is important but only for the legislation to be passed according to the constitution. That is why Wanjiku needs to be reminded of their need to be vigilant,” Nyachae said.

The CIC had requested for a 30-day extension to scrutinise the Bills before being passed to Parliament for approval, but their request fell on deaf ears. Section 14 of the sixth schedule says any legislation has to have input from the CIC and the Commission for Revenue Allocation before being subjected to Parliament for approval. It also says the CIC and the CRA should be given 30 days to scrutinize Bills and give recommendations, according to Nyachae. “It’s not just about beating the deadline, but doing so in conformity with the law. Which is worse, delaying the implementation of certain laws for 30 days and get a good law or rushing Bills and have problems for the rest of Kenyans’ lives?” posed Nyachae.