Boundaries row threat to constitution

By Standard Team
The failure to gazette the new 80 electoral areas and Parliament’s refusal to accept nominees in two key commissions has created confusion.
Following the action by Parliament, the political scene has become increasingly polarised along party and ethnic positions.
And despite claims by Prime Minister Raila Odinga and Vice President Kalonzo Musyoka that the country does not face a crisis, the tension created by the tussle over new electoral boundaries is reflecting badly on the Executive, Parliament and the Judiciary, who are now being seen as stumbling blocks to implementing the new laws.
On Sunday, Raila asked Kenyans to be patient and wait for leaders to strike a political solution regarding the boundaries dispute.
But the assurances by the PM and VP sounded hollow because a simple reading of the Constitutional provision on the legislature shows that the country’s 80 new constituencies must be created by December this year, and prior to the next General Election, which is due in just over a year.
The PM assured that the disagreements that has transformed into a major obstacle for implementation of the new laws would be resolved soon.
"We will ensure all who are not happy with the new boundaries are satisfied. I believe this will break the political impasse and allow the wheel of reforms and constitution implementation to roll smoothly," said the PM.
Raila blamed the courts for blocking reforms needed to speed up the implementation of the Constitution.
"If it were not for our courts, I believe Kenya could be very far in development," said Raila.

President Kibaki , PM Raila odinga

The VP has also stated that the country does not face a crisis.
Kalonzo said: "We know there is a dispute over the Interim Independent Boundaries Review Commission and the embattled chairman Andrew Ligale. We expect a political truce among MPs to resolve the issue."
In the midst of the confusion, however, President Kibaki has been quiet though it is understood that he met the PM to discuss the issues.
But an admission that the country faces a crisis came from Mandera Central MP Mohamed Abdikadir, who has become distinguished for his sober approach to issues that enabled him to steer the Parliamentary Select Committee on Constitutional Review to guide the enactment of the new constitution.
Credibility crisisAbdikadir, who is now heading the Constitution Implementation Oversight Committee (CIOC), said key institutions including Parliament, Judiciary and the Executive are facing a credibility crisis after being cast in bad light following the recent events on the boundaries and commissions saga.
He said the crisis on implementation is more political and less legal or constitutional. The Mandera Central MP described implementation of the new laws as "very delicate" and said it was not going to be smooth because of vested interests.
"We need to look at the political issues in the eye. Once sorted the legal issues will be sorted out easily," he said. He said that key institutions expected to guide implementation "have not been handling shocks very well."
And as the crisis created by the new constituencies dispute continued to have a ripple effect on governance, questions that beg answers emerge.
First, will the next elections be valid if Government fails to validate the report by the Interim Independent Electoral Commission before the end of the year?
Secondly, what political solution could resolve the dispute when a court injunction is in place blocking the new list?
Thirdly, even if a political solution were found, who will gazette the list since the IIBRC has folded shop? And if another Government arm gives instructions for its gazettement, would that not be another ground for the disgruntled person to get a court injunction?
A suggestion by MPs supporting the list to move an amendment to the Constitution to extend the life of the IIBRC was greeted with skepticism, because the commission has folded up, and the question of extension of term is out of the question. The new laws also state that any amendment on issues to do with independent commissions must be subjected to a referendum.
RecommendationsThat the Government is faced with a crisis is evident from the fact that the PM now blames the courts for issuing an injunction, which has scuttled the boundaries review.
The Ligale team also faces criticism for not making its recommendations early enough. The IIBRC, after spending millions of shillings, made its report one week before its dissolution.
As a way out of the impasse, Constitutional lawyer Paul Muite has suggested that Parliament should fast track the formation of an Independent Electoral and Boundaries Commission following the expiry of the mandate of the Ligale led IIBRC.
"Without an electoral and boundaries commission in place the country is certainly sitting in very dangerous moments," said Muite.
He, however, faulted the Ligale commission in the manner it distributed the new 80 constituencies.
Muite said Ligale should not have rushed a notification for gazettement of the new constituencies until the matter in dispute was resolved.
On Sunday, Ligale said he had handed over his full report to Parliament’s Justice and Legal Affairs Committee chaired Budalangi’ MP Ababu Namwamba.
Mr Otiende Amollo, a member of the defunct Committee of Experts, said that although the IIBRC did not complete its work, Parliament should adopt its report "as soon as tomorrow". Amollo said MPs should not have tied creation of the two commissions to the failed gazettement of IIBRC’s new constituencies.
East African Cooperation assistant minister, Mr Peter Munya said a new team should be put in place as a matter of urgency "to sort out the outstanding issues."
But Deputy Prime Minister Musalia Mudavadi, said the Ligale-team should be commended for its work.
"We are all happy, but there are signs showing that some leaders don’t want the new Constitution to be implemented," said Mudavadi.
Cabinet Minister James Orengo and Sirisia MP Moses Wetang’ula echoed Mudavadi’s sentiments.
"You cannot get everything you want. We must learn to get just what we need, not all," added the suspended Foreign Affairs Minister.