By Martin Mutua

Parliament reconvenes on Tuesday, a month earlier than its scheduled calendar to race against time in implementation of the new Constitution.

Already the in tray is full, but chances are debates will be polarised with politics of next year’s General Election.

The Government through Attorney General Amos Wako and the Commission on Implementation of the new Constitution is expected to churn out enough Bills to keep the House, whose term is at risk if it fails to meet set deadlines for the implementation of the new laws, busy.

On Tuesday, members of the august House are set to debate the Judicial Service Bill, which among other things seeks to revolutionise operations of the Judiciary in line with the new laws. The Motion to be moved by Justice Minister Mutula Kilonzo, in whose ministry the Bill originated, has already been listed in Tuesday’s order paper.

The Bill has also been discussed in the parliamentary committee on Justice and Legal Affairs chaired by Budalang’i MP Ababu Namwamba, who is also expected to make a response when the Motion is moved.

Through the Bill the House will be laying groundwork for appointment of new judges, including the position of a new Chief Justice and a new post of a deputy CJ created in the Constitution.

Chief Justice Evan Gicheru is set to vacate office by February 27 and Parliament is expected to approve the next holder of the position and the deputy after vetting by the new JSC, which was installed last week.

However, there are reports ODM and PNU are already on the horse-trading mission for the positions of CJ and that of the AG.

The ICC ghost

And in breaking with tradition where the House Business Committee meets soon after Parliament reconvenes, the team met last week and resolved to prioritise the debate of the Judicial Service Bill.

Sources told The Standard the next Bill on the line would be the Vetting of Magistrates Bill that must go hand-in-hand with the Judicial Service Bill to overhaul the Judiciary as envisaged in the Constitution. This Bill is crucial because the new CJ and deputy, all judges — in the High Court, Court of Appeal and the yet-to-be established Supreme Court — will need to have been vetted before they take office.

The politics of the International Criminal Court that saw a section of MPs push a Motion to have Kenya withdraw from the Rome Statute are also set to dominate House proceedings. The move, which is informed by the 2012 polls, is likely to trigger a showdown in the House if the said MPs make good their threat of tabling a Bill for debate.

Already ICC prosecutor Luis Moreno-Ocampo has named Head of Civil Service and Secretary to the Cabinet Francis Muthaura, Deputy Prime Minister and Minister for Finance Uhuru Kenyatta, MPs Henry Kosgey (Tinderet) and William Ruto (Eldoret North), former Police Commissioner Maj-Gen (rtd) Hussein Ali and a journalist with Kass FM Joshua arap Sang as the six individuals he intends to have them charged at The Hague.

But Mutula has taken issue with the MPs who want to have the Rome Statute repealed, arguing such a move was suicidal.

"If we repeal the ICC Act it means we will have done away with the powers of the Kenyan High Court to try any matter pertaining to International Crimes Act in accordance with section 8(2) of the International Crimes Act," said the Justice minister.

Meanwhile, Government Chief Whips Jakoyo Midiwo (ODM) and Johnstone Muthama (PNU) said the House will not be affected by the resignation of Dr Sally Kosgei as the deputy Leader of Government Business.

Political appointment

Midiwo, in whose party Kosgei comes from, defended the Agriculture Minister saying she was "overburdened" with work.

"Her decision to quit will not affect House business," he added, saying he will step in Kosgei position in an acting capacity before the party nominates somebody else to take over.

"We will appoint someone, but in the meantime, I will act as deputy Leader of Government Business in Parliament."

Midiwo said he intended to have the fourth session "very short" with implementation of the new Constitution taking centre stage.

Vice-President Kalonzo Musyoka said he had not been briefed yet about Dr Kosgei’s resignation, but if that was the case then it was unfortunate since she was a great team player.

"We shall be consulting to have another member appointed to the position," he added.

Muthama said Kosgei’s resignation will not affect the business of the House as the position, just like many others, was a political appointment that will be filled by somebody else.

The Kangundo MP said members were in high spirits and wanted to operationalise the Constitution through the passage of various legislations that are expected t be brought to the House by the Government.

He urged the AG to ensure Parliament has enough Bills for them to meet set deadlines.