File | NATION President Mwai Kibaki with members of the Commission on the Implementation of the Constitution when they paid him a courtesy call at his Harambee House office in Nairobi early this year.
By BERNARD NAMUNANE bnamunane@ke.nationmedia.com
Posted Tuesday, August 9 2011 at 22:00
Posted Tuesday, August 9 2011 at 22:00
In Summary
- Mutula hands House team 12 proposed laws as Cabinet appeals to MPs to extend sitting hours to beat August 27 deadline
Cabinet on Tuesday voted to fast-track Bills that must be passed by the August 27 deadline.
The pending 19 Bills are critical to the implementation of the Constitution and MPs have only eight working days to pass them and put reforms on track or risk being sent home by the courts for failing to deliver.
Sources close to the meeting said Parliament will be asked to shorten the Bill-passing process from two weeks to a day.
Standing Orders provide that the House can vote to reduce the date of maturity of a Bill.
Sources said President Kibaki and Prime Minister Raila Odinga will request Speaker Kenneth Marende to allow departmental committees to scrutinise Bills so that they can be debated in a short period and passed without errors.
Ministries were also directed to submit drafts to the Kenya Law Reform Commission, the Attorney General and the Commission for the Implementation of the Constitution (CIC).
Cabinet on Tuesday approved four Bills, three of which are meant to effect major changes in the police force. The National Police Service Bill seeks to establish an outfit that will put the Administration and regular police under an Inspector General.
“The Bill places the regular and administration police under the central command of an Inspector General who will have two deputies heading each of the units,” a Presidential Press Service statement said.
The National Police Service Commission Bill proposes to set up a nine-member agency that will recruit, promote and determine the salaries and allowances of police officers.
The Independent Policing Oversight Authority Bill seeks to establish a team that will give the public a chance to hold the police accountable for their actions. The envisaged Police Oversight Authority will have nine members, all recruited competitively.
Accountable conduct
“The authority will ensure that the police operate on the basis of professionalism and discipline through transparent and accountable conduct. It will seek to protect the rights and freedoms of citizens during police operations,” the statement said.
The fourth proposed law to be approved was the Employment and Labour Relations Court Bill, which seeks to set up a court, headed by principle judge, who will preside over employee disputes. It will replace the current Industrial Court.
Bills awaiting Cabinet approval are the Independent Ethics and Anti-Corruption Bill and the Commission on Revenue Allocation Bill. Cabinet has approved the Commission on Administration of Justice Bill, which now awaits publication.
The CIC yesterday sent the crucial Elections Bill to the AG for scrutiny by the Cabinet before being returned to Mr Charles Nyachae’s team for the final version that is expected to be released for publication on August 13.
Meanwhile, the Constitutional Implementation Oversight Committee (CIOC) has agreed to lobby the House Business Committee to ensure the Bills are debated, amended and approved “either within this week or latest by Tuesday next week.”
Vice-chair Millie Odhiambo on Tuesday said that Justice and Constitutional Affairs Minister Mutula Kilonzo had tabled 12 Bills to the House team as required by the committee.
“It is now upon us to get innovative and make sure that we enact all the Bills within the next 13 days,” she said.
In an earlier meeting, the committee took issue with the Cabinet for delaying approval of Bills and discussed in camera how to address the challenge. “We cannot sit to plot against the Cabinet in the presence of the media,” said Mr Charles Kilonzo (Yatta, ODM-K).
The Justice minister said Parliament had agreed to sit for longer hours to ensure that Bills are passed on time.
“Parliament has expressed willingness to extent sitting hours to clear the Bills. There are no Bills pending before Cabinet. We have written letters to Nyachae and Wako asking them to get the Bills published by tomorrow (Wednesday),” he said.
However, he expressed concerns about the appointment of four key positions which have to follow the process set in the Constitution. They are the new AG, the Auditor General, the Controller of Budget and the Inspector General of Police.
“We have a major problem with officers whose appointment procedure is set in the Constitution. Given the time left, you cannot appoint any of them in a manner that is transparent and competitive,” he said.
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