The chairman of Parliament’s Constitution Implementation Oversight Committee Abdi Kadir Mohammed (left) with Gwassi MP John Mbadi (centre) and Gichugu’s Martha Karua at a public hearing. Photo/FILE
By JOHN NGIRACHU jngirachu@ke.nationmedia.com
Posted Tuesday, August 2 2011 at 13:18
Posted Tuesday, August 2 2011 at 13:18
Parliament’s Constitutional Implementation Oversight Committee (CIOC) wants the Attorney General (AG) and line ministries to publish pending Bills on the implementation of the new set of laws to beat the August 27 deadline.
The CIOC has also called a crisis meeting this Thursday with CIC, the AG and the Justice minister over the delay in publishing the Bills.
CIC is holding onto five Bills while there are seven that are stuck at the office of the Attorney General and the Cabinet, with Parliament currently considering four Bills.
There are three Bills that are yet to be handed to the CIC.
“We intend to meet with these institutions on Thursday so that we can agree with them how these Bills can be published by next week so that we have at least three weeks for processing in Parliament,” said CIOC chairman Abdikadir Mohammed.
He said many of the Bills are the products of long consultations by task forces and commissions and would therefore not require much debate in Parliament.
“Many of them are in excellent form as we speak right now and they are somewhere in the pipeline, and that is not good enough for us anyway,” said Mr Mohammed.
It takes an average of two weeks to debate a Bill in Parliament, meaning if the CIOC wishes are fulfilled, the pending Bills could be enacted very close to the August 27 deadline.
“It is not the intention of this committee to miss the deadline if all the Bills are in the House by that time,” said Mr Mohammed.
The House Business Committee, which determines the order of business in Parliament, will be requested to extend sitting hours by 50 per cent.
Mr Mohammed said the extension of Parliament’s sitting hours could result in sessions going to Saturday as well as the late nights as often done in critical times.
The Mandera Central MP said the committee would also discuss with the CIC the interpretation of the Constitution as well as a number of Bills that have been signed into law.
There have been concerns that with the CIC’s approach, the bodies charged with the implementation of the Constitution appear to be perpetually quarrelling.
In the latest incident, CIC chairman Charles Nyachae says in a letter to Parliament and the two principals that the report of the former Boundaries Review Commission is not binding to the new Independent Electoral and Boundaries Commission (IEBC).
The CIC warns that the new IEBC Act violated sections of the Constitution and could pose legal challenges in future unless it is amended.
Mr Nyachae warns that the clause in the new Act directing the new electoral commission to “consider” the Ligale Report when creating new constituencies violates the Constitution.
He says the clause infringes on the independence of the new electoral body by purporting to direct it on the manner in which it should discharge its mandate.
Mr Mohammed said the committee would also formally discuss with the CIC their interpretation of the laws and the incidents where they have clashed with Justice minister Mutula Kilonzo.
“This leads to the wrong impression on the implementation process; that it is managed by people who are always quarrelling, always hold divergent views and are at every time at each other’s necks. We don’t think it’s the appropriate way to do things,” said Mr Mohammed.
The CIOC is of the opinion that the perpetual fighting saps energy that can be better directed at implementing the Constitution rather than constantly arguing over it.
Bills with the AG/Cabinet
1. The Independent Ethics and Anti-Corruption Commission Bill.
2. The Commission on Revenue Allocation Bill.
3. The Police Service Bill.
4. The Police Service Commission Bill.
5. The Independent Policing Oversight Authority Bill.
6. The Ratification of Treaties Bill.
7. The Employment and Labour Relations Bill.
Bills with CIC
1. The Elections Bill (CIC to forward to AG by August 13)
2. The Kenya Citizenship and Immigration Bill (CIC to forward to AG by August 5)
3. The Kenya Citizens and Foreign Nationals Management Service Bill (CIC to forward to AG by August 5)
4. The Public Financial Management Bill (CIC to forward to AG by August 11)
5. The Urban Areas and Cities Bill (CIC to forward to AG by August 5)
Bills not received by the CIC
1. The Environment and Land Court Bill.
2. System of Courts.
3. The Power of Mercy Bill.
Bills with Parliament
1. The Kenya National Human Rights Commission Bill
2. The National Gender and Equality Commission Bill
3. The Commission on Administrative Justice Bill
4. The Political Parties Bill.
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