One of the ten-point communiqué at the end of the MPs’ National Conference and County Forum for peaceful elections in Mombasa last week was to speed up legislations to facilitate peaceful elections.
However, communiqué number two was ironically broken three days later after MPs returned to Nairobi, only to unanimously vote to extend the constitutional deadline of two crucial devolution Bills that had stalled in Parliament.
Communique number two, which was availed by the Ministry of Justice and Constitutional Affairs, dated June 9, read: “Honourable Members of Parliament will consult, debate and expedite the adoption of policies and enactment of necessary legislations for peaceful elections.”
Legislations that were to be expedited included Leadership and Integrity Bill, County Governments Bill, Public Financial Management Bill, Campaign Financing Bill, Constitution of Kenya Amendment Bill on the two third gender principle and all legislation necessary to fast-track police reforms.
Others included Sessional Paper on Vision 2030, National Values Policy, National Cohesion Policy, National Human Rights Policy to strengthen the implementation of the Constitution and provide environment for holding peaceful elections.
The MPs had further agreed under communiqué number two to expedite legal amendments to extend the terms of the Truth, Justice and Reconciliation Commission, the Vetting of Magistrates and Judges Board, and appointments of commissioners to the Police Service Commission, as well as the Inspector General of Police by August.
County laws
But Parliament, on Tuesday, agreed to extend the timeline for the County Government Bill and the Public Finance Management Bill by five months. The deadline for the two devolution Bills will now be July 27. The extension of the deadline was backdated to February 27 when the Bills would have been passed by Parliament, to avert a possible constitutional crisis.
But legislators proposed serious sanctions against Cabinet ministers who fail to publish Bills with constitutional deadlines on time.
During an informal meeting – known as Kamukunji – last week, legislators reprimanded ministers saying they were frustrating the implementation of the Constitution.
The Constitutional Implementation Oversight Committee (CIOC) Chairman Abdikadir Mohammed said they would be seeking to impose financial sanctions on any minister found to breach the agreed timelines.
“The responsible ministry will also be barred from transacting any business on the floor of the House until the required legislation is published,” said the Mandera MP.
His vice-chair, nominated MP Millie Odhiambo, has said CIOC would move in and introduce the Bills in Parliament if the Government delayed.
Issues to do with Bills aside, the other nine communiqués at the Mombasa conference included a pledge by MPs to undertake to sensitise their respective constituents on the need and importance of conducting peaceful elections, an issue which topped the ten-point pledges.
“That Parliament shall engage all stakeholders - private sector, the Media, trade unions, faith-based organisations, civil society organisations, and the academic fraternity in the promotion of peaceful elections,” read the third pledge.
The MPs committed themselves to respect and support all institutions mandated to ensure peaceful elections, embrace and promote a national culture of respect of the rule of law and constitutionalism. They also pledged to steer away from inflammatory statements that can trigger conflict.
The legislators are also supposed to lobby their respective political leaders and party organs to include a chapter on peaceful elections in their party manifesto and uphold Vision 2030, while at the same time working to engage and promote issue-based and people-centered politics.
They further promised to participate and support the forthcoming County Forums and the National Conference on Peaceful Elections and undertake not to associate and seek support from outlawed groups.
In capping the ten-point communique, the MPs pledged to support full implementation and enforcement of relevant electoral laws and abide by the Electoral Code of Conduct.
