Kibaki’s memo stirs up MPs

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PHOTO | FILE President Kibaki. 

By ALPHONCE SHIUNDU ashiundu@ke.nationmedia.com
Posted  Wednesday, February 29  2012 at  20:51

IN SUMMARY

• Lawmakers question the legitimacy of directive declaring their changes to County Government Bill unconstitutional

MPs have questioned the legitimacy of President Kibaki’s memorandum asking them to reconsider their resolution on the Provincial Administration.

Speaker Kenneth Marende was forced to refer the memorandum, which declared as unconstitutional the MPs’ amendment that the DOs, DCs and chiefs had to report to the county governor, to the House Committee on Local Authorities. (READ: House and Executive clash over county law)

MPs questioned why the House would go ahead with the legislation on the County Governments Bill 2012, at a time when the constitutional deadline of 18 months after Promulgation Day had expired.

They added that it was possible that technocrats and ministers had “misadvised” President Kibaki on the MPs’ amendments.

MPs argued that there was no question as to the legality of their amendment to place the Provincial Administration within the armpit of the governor.

They argued that under the laws already passed, the operational command of security still stayed with the national government.

“What would happen if the basis for the President to reject the amendment is misrepresentation and misinformation as to the intent of the Bill?” posed Mr John Mbadi (Gwassi).

The lawmakers were also taken aback that the Head of State had implied that the work of restructuring the Provincial Administration was the hallowed domain of the Executive. (READ: Impasse as Kibaki returns County law)

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“In the memorandum, there seems to be the implication that Parliament is not part of the national government. That is wrong. By every definition, Parliament is an arm of the national government. National government does not mean the Executive,” Mr Jakoyo Midiwo (Gem) said.

In his memo to MPs, the Head of State had cited Section 17 of the Sixth Schedule, which reads: Within five years after the effective date, the national government shall restructure the system of administration commonly known as the provincial administration to accord with and respect the system of devolved government established under this Constitution”.

Attorney-General Githu Muigai said he had written to the Leader of Government Business Kalonzo Musyoka, his deputy Amos Kimunya, and to Mr Musalia Mudavadi to have them file a motion seeking the House’s permission for more time to deal with the memorandum.

“It may be prudent to present another motion for the extension of time. We’ve not run out of time,” Prof Muigai said.

He defended President Kibaki saying that he was part and parcel of Parliament under the provisions of the Constitution.

Mr Marende directed the House team to work on the memorandum and present a report to the House within seven days.