Sunday, October 9, 2011

Nyachae says Cabinet allowing shoddy Bills



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CIC chairman Charles Nyachae. A report claims in a strongly-worded quarterly report that the Cabinet is taking advantage of falling interest in matters of the law among Kenyans to amend the Constitution.
Photo/FILE CIC chairman Charles Nyachae. A report claims in a strongly-worded quarterly report that the Cabinet is taking advantage of falling interest in matters of the law among Kenyans to amend the Constitution. 
By ALPHONCE SHIUNDU ashiundu@ke.nationmedia.com
Posted  Sunday, October 9  2011 at  22:30
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The group monitoring the implementation of the Constitution has accused the Cabinet and MPs of “blatant violations” of the law in the last three months.
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The Commission for the Implementation of the Constitution (CIC) says “cases of impunity and misinterpretation of the Constitution have worsened”.
It claims in a strongly-worded quarterly report that the Cabinet is taking advantage of falling interest in matters of the law among Kenyans to amend the Constitution.
“The CIC will take all necessary measures to ensure that the rights granted to the people of Kenya in the Constitution are not taken away through unjustifiable constitutional amendments that are not made in the interest of the people of Kenya,” CIC chairman Charles Nyachae says in the report submitted to Parliament and to President Kibaki.
Two amendments are lined up in Parliament, with the Constitution of Kenya (Amendment) Bill, 2011, scheduled for First Reading (formal introduction in Parliament) this week.
The Bill seeks to change the election date from the second Tuesday of August to the third Monday of December in every fifth year of the election cycle. (READ: Why next year’s election may not be held in August)
There’s also a proposal to amend the one-third gender clause that seeks to increase the number of women in public positions, especially Parliament.
The CIC wants the gender proposal to be implemented without amendments. However, it welcomes changes that will enhance affirmative action as enshrined in the Constitution.
“Although CIC acknowledges that the Constitution contemplates the possibility of amendment, CIC is also aware that unnecessary amendments made this early would undermine the Constitution.
“Any amendments to the Constitution must enhance, not claw back on the letter and spirit of the Constitution,” the commission says.
The CIC is scheduled to meet women MPs to chart the way forward on the matter, especially after it rejected the proposal put forward by women organisations seeking to reserve 72 seats for women.
The commission says the proposal was “a violation of the fundamental right to vote and choose a representative from the whole possible population of those wishing to seek elective posts.”
Attorney-General Githu Muigai is also opposed to amendments to the new set of laws. In his first address after taking office in August, Prof Muigai promised to resist political pressure to change the law.
“…the CIC is gratified that the newly appointed AG has publicly expressed his displeasure with piecemeal amendments, and looks forward to receiving proposals on other means of achieving gender equity from the AG,” the report notes.
But it is not clear if the commission has also noted that Prof Muigai sits in the Cabinet and he’s the chief legal guide of the government.

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