All eyes on new law as Kenya's Parliament resumes

By PETER OPIYO and DAVID OCHAMI

Parliament resumes on Tuesday to continue with the Fourth Session, with implementation of the Constitution top on the agenda.

Given only two pieces of legislation have been passed this year, the Tenth Parliament will have to work extra hard to ensure the remaining 14 are passed before the year ends.

MPs endorsed the Vetting of Judges and Magistrates Bill and the Judicial Services Bill during the Special Session early in the year.

But the President is yet to sign them into law.

Among the pieces of legislation to be urgently enacted is a Bill establishing the Independent Electoral and Boundaries Commission.

Others are legislation on political parties and those touching on general electoral process.

The creation of an Independent Electoral and Boundaries Commission is expected to draw political interests, given the differences that characterised creation of 80 new electoral units by the defunct Interim Independent Boundaries Review Commission.

Though the report was finally adopted by Parliament last December, some members were opposed to it and focus is expected to turn to who become members of the yet to be formed Independent Electoral and Boundaries Commission.

Technically, the Interim Independent Electoral Commission’s term has ended and the body is waiting for the formation of the new Commission to wind up.

So, establishing IEBC would be a matter of priority.

The Parliamentary Committee on Justice and Legal Affairs appears to be aware of this exigency and has developed a draft Bill to the effect.

It will be race against time, as the 80 new electoral units must be created at least 12 months before a general election if they are to be factored in the elections.

There are fears that factional squabbles in the Grand Coalition Government might affect the tight schedule for the implementation of the Constitution.

According to Article 261 of the Constitution any person may petition the High Court should parliament fail to enact a particular legislation.

In this case the Court will issue an order, asking Parliament to enact the legislation within a specified period, failure to which the Chief Justice shall advice the President to dissolve Parliament.

And due to radical changes introduced in line with the new Constitution, Parliament will have to discuss whether to reconstitute House committees.

Previously, committees were reconstituted at the beginning of each session, but the Fourth Session continues.

The membership to these committees, particularly the powerful House Business Committee, has always elicited political showdown as rivals battle to control the powerful teams.

Interests will also be generated in the reconstitution of the Public Accounts Committee, whose former Chairman Bony Khalwale lost his seat in an election petition.