Ligale team ‘acted against the law’ - experts

By BEAUTTAH OMANGA

Experts and MPs who attended a retreat to resolve the constituencies’ row have reservations the Ligale commission followed the law.

Some 100 MPs left the Kenya Institute of Administration convinced the Interim Independent Boundaries Review Commission did not adhere to criteria and limits provided for in the Constitution.

One of the experts, Johnson Sakaja, told MPs the IIBRC report showed technical inconsistencies and a legal oversight in its methodology.

"As a result of this, the commission could not achieve the objectives for which it was created. Equal representation has not been achieved nationally and in many cases, gross disparities in constituency populations have been maintained," wrote Sajaka.

At the same time, the Law Society of Kenya, which also gave its views to Parliament’s Legal Affairs Committee, cautioned against attempts to extend the term of the IIBRC.

Making a presentation on behalf of the LSK, secretary Apollo Mboya said by doing so, Parliament would require a constitutional amendment fraught with difficulties.

Next polls

It was LSK’s opinion that extending the life of IIBRC would further complicate the process of establishing its successor and delay preparation for the 2012 General Election.

"The new body will start to put in place the necessary infrastructure and competences to make sure the 2012 General Election is held on time and is free, fair and credible and also embark on the timely creation of wards for the county assemblies in readiness for the elections," said Mboya.

In a communiquÈ released yesterday, Sakaja and Prof Francis Aduol convinced MPs most of the proposed new constituencies were illegal and unconstitutional.

According to their analysis, the proposal by the Ligale team is in violation of Article 89 of the new Constitution. Arising from the expert advice, Parliament resolved to comprehensively tackle the Ligale list, which has threatened to derail implementation of the new Constitution.

The stalemate, Speaker Kenneth Marende warned, had the potential to send Parliament packing prematurely, precipitating elections before the scheduled 2012 date.

"What Ligale presented as a report is unco-ordinated and undigested documents including a draft affidavit, a list of constituencies and wards, a ruling by the High Court and proposals by three dissenting commissioners of the IIBRC," stated the experts.

The Ligale documents were said to lack boundaries, populations or size as required by Article 89 of the new Constitution.

Parliament then agreed its legal committee studies the Ligale documents and table a report in three weeks, recommending what should be done.

It was also resolved the Ligale report be debated in Parliament, although it would create conflict between the Legislature and the Judiciary, which has ruled on the Ligale report.

"While the Independent Electoral and Boundaries Commission is expected to resolve the mess created by the Ligale group, it is tied to the constitutional provisions rather than the recommendations of its predecessor," resolved the MPs.