My work will speak for itself, says Wamalwa

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Minister for Justice, National Cohesion and Constitutional Affairs Eugene Wamalwa 

Posted  Friday, May 4  2012 at  22:00

We have great hopes in you. Kenya is facing injustice in almost all sectors. What reforms do you plan to bring to the ministry? 
Newton Simiyu.

There are many reforms going on in all sectors of our governance structures. I would like to highlight the reforms being undertaken in the Judiciary.

For the first time in our history, the Chief Justice, his deputy and the Chief Registrar of the Judiciary were openly and competitively recruited. The same was done with judges of the Supreme Court.

The process that saw the public vetting and interview of candidates has set a new level of transparency in public recruitment. This is even more significant when you consider that the Judiciary, and offices within the Judiciary, have always been shrouded in secrecy and considered ivory towers.

In addition to this, judges and magistrates are currently being vetted by the Judges and Magistrates Vetting Board to assess their suitability to hold office. This will ensure that we have competent officers with demonstrated high standards of integrity.

I can confidently assure you that the Judiciary is at a very advanced stage of reform.

In the Constitution, there is the provision to apply for dual citizenship. How soon can eligible persons apply?
-Dr. Sat Ramrakha.

Article 16 of our Constitution permits all Kenyan citizens to acquire the citizenship of another country without losing their Kenyan citizenship.

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Article 18 further charges Parliament to enact legislation to effect the provisions of this Chapter. The legislation was duly enacted by Parliament within one year of the passage of the Constitution as required.

These laws and the Constitution, therefore, give Kenyan citizens the option to acquire the citizenship of any other country, subject to reporting such acquisition. The administration and enforcement of these Acts rests with the Ministry of Immigration and Registration of Persons.

We recently saw judges appeal the decision to kick them out after vetting. Will presidential aspirants and other leaders seeking elective positions face the same stringent conditions, or will MPs only pass a law that is lenient to them? Will the Leadership and Integrity Bill, for instance, bar people facing criminal offences from holding public office? 
Nicholas Cheruiyot, Bomet.

The ministry has been developing a Bill on leadership and integrity which we presented to the public for comment. We received comments which informed the further development of the Bill. It is still undergoing preparation and shall be handed over to Parliament for consideration.

What has impeded the Ethics and Anti-Corruption Commission and how soon will Kenyans have it? Do you concur with the Speaker on the fate of three names that were brought to Parliament? 
Nicholas Cheruiyot, Bomet.

The names of the three commissioners were forwarded to Parliament by the Executive late last year. Parliament is required, under the Ethics and Anti-Corruption Act, 2011 and the Public Appointments (Parliamentary Approval) Act, 2011, to consider these names and approve or reject them.

In this case, there has been an impasse as Parliament has neither approved nor rejected the names.

The Speaker in this case ruled that since the names had neither been rejected nor approved, they were still before the floor of the House but could most appropriately be considered if another motion, separate from that of the committee that considered the names, were to be brought by the Leader of Government Business or his nominee.

I agree with the decision of the Speaker and have in fact proposed a motion to Parliament to consider the names of the three proposed commissioners and approve or reject them.

I have also requested that this matter be given priority and anticipate that it shall be dealt with in the next 30 days or less.

You are on record as saying your ministry has nothing to do with the International Criminal Court. Please refer to the relevant provisions that make your argument tenable.
George Marenya, Nairobi.

The minister responsible for ICC matters is clearly spelt out in the International Crimes Act, 2008 which is the Act that provides for Kenya’s relationship with the ICC. Section 2 of the Act defines the minister as: “…the minister for the time being responsible for matters relating to national security.”

The Ministry of State for Provincial Administration and National Security is therefore the principal ministry charged with ICC matters and in fact the minister chairs the Cabinet sub-committee on ICC matters and receives all communication related to the ICC.

As Justice minister, I am, however, interested in all issues related to justice and human rights and to that extent I am part of the Cabinet sub-committee on the ICC.

What is your take on the Constitution implementation process? How do you reconcile the politics and your duty as a minister, given that your political stand in the divided coalition is well-known?

I think the Constitution implementation process is proceeding very well. Parliament has passed all the laws required by Schedule 5 of the Constitution within the stipulated time, save for the County Governments Bill, 2012; The Land Bill, 2012; The Land Registration Bill, 2012 and the National Land Commission Bill, 2012.

All ministers’ play more than one role including being MPs and party members. I am a servant of the law with over 17 years experience as a legal professional and I am, therefore, highly competent to distinguish my duties as required by the various roles I play.

I would like to assure you, and the country, that I am fully committed to discharging my ministerial duties in a professional, efficient and just manner.

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Kenyans expect the Constitution to be implemented. But does it concern you that your bosom friends in the G7 either opposed the Constitution or were watermelons? Won’t these friends influence your performance?
Emmanuel Sheri and Mike Ondhowe, via e-mail

I am committed to the constitutional implementation process and have been, as minister, lending all the support required of me and my office.

But this process does not just require speedy implementation. It also requires that we be meticulous to ensure that the activities we undertake are comprehensive and complimentary to the values and spirit of the Constitution.

I believe it is for this reason that the Constitution prescribes in Schedule 5 timelines for the passage of various laws.

The fact that I associate with the G7 will not affect my performance. There is a clear distinction between my political role and my duties as a minister. It must be borne in mind that all ministers have a political affiliation. This has not stopped them from discharging their duties.

What if Mr Uhuru Kenyatta and Mr William Ruto are found guilty of crimes against humanity, would it matter to you as a member of the G7 alliance?
Amoroso Gombe and Paul Bii, via email.

I believe in the rule of law. I believe in due process and that the rules of natural justice should apply to every citizen.

As our Constitution states in Article 50 “every accused person has the right to a fair trial, which includes the right to be presumed innocent until the contrary is proved.”

The matters of the ICC are before a court of competent jurisdiction and it is not for this ministry, or me, to interfere or for that matter pre-empt the court’s decision.