Nominees for top jobs to be known Monday

By ALEX NDEGWA

Nominees for Auditor-General and Controller of Budget may be known Monday, even as behind-the-scenes haggling over regional distribution delays appointments.

The Standard On Sunday has learnt the selection panel has settled on African Development Bank’s Edward Ouko for Auditor-General. Tomorrow the panel is scheduled to meet the Head of Civil Service, Francis Muthaura  to finalise the nomination alongside that of Controller of Budget, whose search has reportedly narrowed to two applicants.

Constituency Development Fund Board Chief Executive Officer, Agnes Odhiambo, and Kenya Revenue Authority Commissioner for Domestic Tax John Njiraini, are reportedly the front-runners for the position of Controller of Budget. The two were classmates at the University of Nairobi. However,

considerations on gender and regional balance are said to favour Ms Odhiambo, who comes from Busia in Western. The nomination of Githu Muigai for Attorney General is viewed in inner circles as sealed.

Further complicating Njiraini’s cause – besides the feeling holders of key posts in the public finance sector have Central links – is the perception of a hostile reception to his nomination by Parliament due to the tax row between MPs and the Kenya Revenue Authority.

Influencing decisions on regional balance is the analysis of appointments done so far: Chief Justice Willy Mutunga (Eastern), chairman of Commission on Revenue Allocation Micah Cheserem (Rift Valley), and the chairman of Interim Independent Electoral Commission Issack Hassan (North-Eastern).

There’s jostling for a Coast representative to be picked as the chairman of the Salaries and Remuneration Commission.

At tomorrow’s meeting the panel and Muthaura will agree on the names to be forwarded to the President for nomination in consultation with the Prime Minister. Parliament will consider the nominations prior to a presidential appointment.

As haggling over plum jobs continues, there’s apprehension appointments to the constitutional offices, which the Constitution required done by August 27, might be delayed.

And Parliament faces the almost impossible task of legislating 17 Bills before the end of the week or risk violating the Constitution.

With only three parliamentary sitting days, further delays may arise in Parliament, as some laws like the Elections Bill may be fraught with intrigues such as those that stalled the Political Parties Bill.

“I am confident that all the necessary Bills can be passed within the deadline. But I am afraid some of the appointments the Constitution require done within one year would be time- barred. We may be forced to seek an extension of time,” Justice Minister Mutula Kilonzo told The Standard On Sunday.

The appointments include Attorney General, Controller of Budget, Auditor General and Inspector-General of the National Police Service.

Article 29(1) in the Sixth Schedule of the Constitution states:  “The appointments of persons to fill vacancies arising in consequence of the coming into force of this Constitution shall begin on the effective date and be finalised within one year.”

Extend timelines

Given the burden Parliament may, with a two-thirds vote, extend the timelines or MPs risk being sent home.

The Attorney General and the Auditor-General must vacate office by August 27 because the Constitution states the current holders “shall continue in office for a period of no more than 12 months after the effective date.”

The Commission for the Implementation of the Constitution has said the delay is “cause for concern” and urged the constitutional officers be appointed urgently.

“A delay in the appointment of these constitutional officers would undermine the implementation.  This is particularly so as regards the office of the Attorney General, which is an integral part of the process,” said CIC chairman Charles Nyachae.

The CIC cautions the appointments must, however, be in full compliance with the Constitution, particularly with regard to transparency, fairness and public participation.

Appointments to the independent offices – Controller of Budget and Auditor General – are guided by the Independent Offices (Appointment) Act, which outlines a procedure stretching up to a month.

Consequently it’s likely that by the time the selection panels recommend persons for appointment to the President, who in turn must submit nominees to Parliament for approval, the deadline would have lapsed.

Besides, there are constitutional commissions yet to be constituted as the anniversary of the new Constitution approaches. They include the Salaries and Remuneration Commission, Independent Electoral and Boundaries Commission, National Land Commission, and National Police Service Commission.

In case Parliament is time barred the Constitution provides that the National Assembly, by resolution supported by the votes of at least two-thirds of all members, may extend the period, but not exceeding one year.

However that power may be exercised only once in respect of any particular matter and only in exceptional circumstances to be certified by the Speaker.

The worst-case scenario is for the Chief Justice to advise the President to dissolve Parliament. This happens should MPs violate a High Court order to pass legislation within a specified period.

Mad rush

According to a schedule by the CIC on progress of legislation the Constitution requires passed within one year only seven of 24 have been enacted. Only five of these are before Parliament while the rest are yet to published.

As the mad rush ensues Parliament will extend sitting hours to pass the Bills. But it may still be a tall order, considering only seven Bills have been enacted in one year, two of which were only passed last week.

Then there is the political brinkmanship that may delay passage of contentious draft laws like happened to the Political Parties Bill.

On Thursday the passage of the Bill, which is in the final stage in Parliament, was postponed after a dispute over the constitutionality of some amendments.

Deputy Speaker Farah Maalim froze the resumption of a vote on proposed amendments to the Bill, which is before the Committee of the Whole House, pending the Speaker’s ruling on Tuesday.

At the heart of the dispute are two amendments: One that sanctioned pre- election coalitions, and another, which relaxes provisions on party discipline viewed as tailored to promote cross-party defections.

Historic session

Yesterday, the Cabinet sat for a historic session to endorse five Bills. These are the Urban Areas and Cities Bill, The Kenya Citizenship and Immigration Bill, The Kenya Citizens and Foreign Nationals Management Service Bill, Public Financial Management Bill, and the Land and Environment Court Bill.

The Bills before Parliament include the Commission on Administration of Justice, and the Salaries and Remuneration Bill, which the President returned to Parliament on CIC’s recommendation for correction of a constitutional anomaly.

On Thursday Parliament voted to shorten the process of passing three crucial Bills on police reforms. The publication period of the National Police Service Commission Bill, Independent Policing Oversight Authority Bill, and National Police Service Bill was reduced from 14, to six days.

However, the procedural Motion had encountered opposition from some backbenchers who charged the action was intended to shield the Bills from public scrutiny and may compromise the quality of laws.

Although the Cabinet has approved a Bill to establish the Independent Ethics and Anti-Corruption Commission, successor to the Kenya Anti-Corruption Commission, and the Power of Mercy Bill, they are yet to be tabled in Parliament.

The Elections Bill was sent to the Government Printer on Thursday evening – the day the Cabinet approved it.