Activists threaten legal action over delay

By Peter Orengo

Civil society groups may go court to compel Parliament to enact legislations within the specified time.

The lobby groups convened under the Katiba Sasa Campaign, on Sunday, expressed concern over squabbling between PNU and ODM legislators on leadership of the Parliamentary Select Committee on Constitution Review.

They said the wrangles were derailing the implementation of the new Constitution.

National Civil Society Congress president Morris Odhiambo said: “We will not hesitate to take advantage of the constitutional framework to move the process of implementing the Constitution.”

Article 261 sub-section 5 allows any Kenyan to petition the High Court if a legislation has been delayed.

The consequence of such a petition is the Chief Justice advising the President to dissolve Parliament.

Leadership crisis

MPs have only 46 days remaining to establish the key commission. Further delays also mean the Judicial Service Commission will not be established in time, since the Judicial Service Commission Bill 2010 has not been debated.

“We can only conclude the leadership crisis since establishing the Grand Coalition Government is impacting negatively on the implementation,” said Odhiambo.

He said the delayed process and the quarrels between ODM and PNU indicated lack of political goodwill to fast-track the process.

“This is a clear signal to Kenyans to rethink the whole question of leadership now, as we approach the 2012 General Election. Without proper leadership, the initial five years of implementation will be frustrated,” Odhiambo said.

He said Kenyans do not approve of the county elite caucuses being formed to apportion themselves positions. “This is a circus of monumental proportions that Kenyans must reject,” he said.

The civil society urged Kenyans to closely monitor the process of implementing the Constitution.