Kenyan MPs proud of output as window to pass some Bills close

NAIROBI: Since promulgation of the Constitution in 2010, the National Assembly has spared no effort to ensure Bills crucial to the implementation of the supreme law are passed on time.

We embarked on this task with a sense of urgency when President Uhuru Kenyatta and his Deputy William Ruto came into office in 2013. So far, I have moved more than 60 Bills that have since become law after the President assented to them.

The Constitution sets out the timelines within which these laws are passed and it is the duty of the House and other relevant institutions to ensure that these deadlines are met. The lawmakers have extended sittings and sometimes done away with lengthy procedures to realise this goal. Bills usually take 14 days from the date of publication before they are debated in the National Assembly but this has sometimes been reduced to accommodate the tight timeframes.

MPs have been hard-pressed to meet their side of the bargain mainly because some Bills with far-reaching implications call for substantive debate in order to garner the requisite numbers needed to pass them.

Some of the Bills were required to be passed within the first year after the Constitution took effect. These include legislation on citizenship, Kenya National Human Rights and Equality Commission, Ethics and Anti-Corruption Commission. Others are those touching on elections and political parties, including the Independent Electoral and Boundaries Commission, and vetting of judges and magistrates.

Another deadline was on February 27, 2012.The legislation that ought to have been passed by then included the Transition to County Governments Bill, County Governments Bill 2012, and the Intergovernmental Relations Bill, the National Land Commission Bill, the Land Registration Bill, the Land Bill, and the Community Land Bill. Also passed in 2012 are the Kenya Defence Forces Bill, Leadership and Integrity Bill 2012, National Intelligence Service Bill, the National Security Service Bill, and the Petitions to Parliament (Procedure) Bill.

In July 2013, MPs extended to December the implementation of the Support for County Governments Bill, the Public Participation and County Assembly Powers Bill, Freedom of the Media Bill, and the Privileges and Immunities Bill. The lawmakers also sought an extension in August 2014 to pass five Bills. This included the Public Service (Values and Principles) Bill, Persons Deprived of Liberty Bill, Environmental Management and Coordination Bill, Public Audit Bill and Procurement and Asset Disposal Bill which have since been enacted.

The MPs also extended the deadline for passing the last 28 constitutional Bills to this month. These Bills include the Investigation and Historical Land Injustices Bill, Minimum and Maximum Land Holding Acreage Bill, Community Land Bill, Agreements on National Resources Bill, Forest Bill, Physical Planning Bill, Land Use Bill and Evictions Bill. Others are the Bill on Representation of Marginalised Groups, the Energy Bill, Two-Thirds Gender Principle Bill, the Petroleum Exploration and Production Bill, the Seeds and Plant Varieties Bill, the Organisation and Administration of Appeal Bill, and the Small Claims Court and the Contempt of Court Bill, among others.

The extensions are inspired by the need to avoid enacting substandard legislation which would then be vulnerable to contestation.

As it stands now, more than 60 Bills have been assented to. Some of these Bills are The Truth, Justice and Reconciliation (Amendment) Bill, 2013, The Kenya Information and Communications (Amendment) Bill No. 16 of 2013, The Media Council Bill, 2013, and The Organisation and Administration of Appeal, 2012. Others are the Small Claims Court Bill, 2015, the Organisation and Administration of the High Court, the Legal Aid Bill, 2015, the Magistrate Bill, 2015 and the Judiciary Fund Bill, 2015. The Seeds and Plant Varieties (Amendment) Bill, 2015 is awaiting presidential assent.

There are also proposed laws that are under consideration by the House. These include the Community Land Bill, 2015; the Land Laws (Amendment) Bill, 2015, the Natural Resources (Classes of Transactions Subject to Ratification) Bill, 2015; and the Forest Conservation and Management Bill, 2015.

Some Bills have been reverted to the House by the Senate and are being scrutinised by the relevant committees. Some of these are the Protection of Traditional Knowledge & Cultural Expressions Bill, 2015; the ¬Access to Information Bill, 2015; the Petroleum (Exploration, Development and Production) Bill, 2015; and the Energy Bill, 2015. It requires the concerted effort from all the players  to ensure that we beat the deadlines, but more importantly come up with quality legislation that will stand the test of time.