Panic as house fails to meet law deadlines

Written By:KBC reporters,    Posted: Thu, Apr 19, 2012

Parliament failed to meet the February 24th deadline The country faces a constitutional crisis that risks disbandment of parliament should anyone go to court after MPs failed to meet constitutional timelines in enactment of two crucial bills. Acknowledging the grave implications in the lapse of the deadlines on the public finance management bill and the county government bill, Deputy Speaker Farah Maalim Thursday ordered the leader of government business to swiftly embark on marshalling support from two thirds of MP's to extend the timeline. President Mwai Kibaki is expected to address parliament on Tuesday next week but it was not clear if the current crisis will form part of his speech, the first of its kind since he assumed power. Maalim cited Article 261 of the constitution which provides that if Parliament fails to enact any particular legislation within the specified time, any person may petition the High Court  which may make a declaratory order on the same. "Public Financial Management Bill, 2012 contains provisions expressly implementing the requirements of article 207 of the Constitution of which, legislation was required to have been enacted by the 24th of February, 2012. In other words, the timelines for legislative action by the House have already lapsed" said the Deputy Speaker. If parliament fails to enact legislation in accordance with that order the Chief Justice shall advise the President to dissolve Parliament and the President shall be obliged to do so. Parliament failed to meet the 24th deadline to pass the controversial public finance management bill that has pitted treasury against the ministry of local government with both institutions fighting for control of funds at the county level, and even drafting parallel bills forcing the constitution implementation commission to at one point seek a one month extension which was not granted. The county government bill as well, was returned to parliament by the president with a memorandum in which he wants parliament to remove a clause that puts provincial administrators under the control of the governor and not the national government.