Storm persists over 2012 elections team

By ALEX NDEGWA and MARTIN MUTUA

The controversy around setting up of independent commission to oversee the General Election and complete mapping of 80 new constituencies is far from over.

But even then, the Independent Boundaries and Electoral Commission Bill is ready for presidential assent – only that the President is abroad.

Justice Minister Mutula Kilonzo told The Standard the Attorney General’s office finally forwarded to him the Bill on Thursday for assent by the President once he returns.

But it has emerged the President might send back the Bill, which was passed by the House a month ago, to Parliament to amend a contentious clause, which triggered the standoff between the AG’s Office and Parliament.

Apparently, the ‘unconstitutional’ clause has not been rectified because while the AG pressed Parliament to make the alteration at that late stage, the National Assembly would have none of it, arguing what it was being asked to do was unprocedural.

The recourse is for the President to reject the Bill and return it to Parliament with a memorandum citing the part he wants redressed.

Through Parliament

Mutula explained the delay was unwarranted since neither the AG’s Office nor Parliament had authority to change “even a coma” after the Bill has passed through Parliament.

 “If there is anything that is unconstitutional the President would return it to Parliament for the correction. It is unfortunate that I will be presenting the Bill one month later due to an unnecessary delay,” he said.

The unconstitutional clause reportedly touches on the salaries of the commission staff.

It indicates the Salaries and Remuneration Commission would “determine” the perks, but the Constitution provides that the commission “advises”.

Parliament argued the inconsistency was in the original Bill tabled in Parliament. Mutula expressed disgust over the ping-pong game playing out between the AG’s office and Parliament.

“Why should the two institutions engage in a paper dance for over a month, even after Members of Parliament sat up to midnight to pass the Bill?” asked Mutula.

The chairman of Commission for the Implementation of the Constitution (CIC) Charles Nyachae said Mutula had told him he had finally got the Bill.  “What an amazing coincidence that after we have gone public to criticise the AG for the delay, suddenly there is some progress?” exclaimed Mr Nyachae, who this week accused Wako of slowing down the implementation.

On Thursday Nyachae added: “It is not right to engage in buck-passing where responsibility is clear. It is not the Clerk who has responsibility to  to the President. It is the AG. The AG needs to get a little bit more serious.”

He spoke after a breakfast meeting between CIC and envoys from European Union at which concerns on the delay to establish IEBC and enact election-related laws featured.

It is understood an unconstitutional clause that slipped through has caused the delay in the transmission of the Bill to the President for assent. Parliament hurriedly approved the Bill to guide the appointment of new commissioners to conduct the General Election due next year, during a session that ran up to midnight.

Earlier, conflicting accounts emerged over the cause of the delay.On Wednesday, National Assembly Clerk Patrick Gichohi confirmed the AG had returned the Bill for verification.

“Parliament had submitted the Bill to Attorney General after its passage. The AG returned it to the National Assembly for verification, which has been done,” Gichohi told The Standard on Wednesday.   On the same day Wako, reacting to CIC bashing allegedly for obstructing reforms, said he was not to blame for the delay.

He said he had returned the Bill to Parliament for scrutiny because many amendments had been made.

Hidden somewhere

Wako said, “It is also the procedure that before a Bill is presented for assent, the Clerk must certify it as a true copy of the Bill as passed by the National Assembly. My office prepared the draft Bill and returned it for final verification by the Clerk on June 21. This was particularly crucial as the Bill had been extensively amended before passage,” he explained.

Wako blamed Parliament, explaining, “Since then, we have had no response from Parliament”. “We are informed that the Clerk is out of the country.  We trust that he will accord this matter urgent attention as soon as he returns.”

Mr Gichohi is in the office, but it is the Speaker, Kenneth Marende, who is abroad. Mutula said if he had received the Bill last week before the President left he would have assented to it by now since the Head of State has no pending Bills on his in-tray.

The Mbooni MP said when the Supreme Court Bill was passed by Parliament he personally took it to the President for assent.

“Trust me, the President does not delay with any Bill and to date all the Bills that he has been given, he has signed them into law. Why was this one still being hidden somewhere in Parliament?” Mutula asked.

The minister said the AG should not make excuses because it is his responsibility to follow up on Bills until they get presidential assent.

“It is the duty of the AG to push Parliament to give him the Bill, but that has not happened; that is why it was still lying there,” he added.

Mutula described the delay as “ridiculous and shameful”. “Even if it is cleaning up the Bill, you cannot take four weeks to do that,” he added.