Crisis talks on laws implementation called

By Peter Opiyo

A crisis meeting to discuss the slow pace of implementation of the new Constitution takes place tomorrow as Parliament blamed the Executive for dragging its feet.

The Constitutional Implementation Oversight Committee (CIOC), headed by Mandera Central MP Abdikadir Mohammed has now called the Head of Public Service Francis Muthaura and Permanent Secretary in the Office of the Prime Minister, Mohamed Isahakia, for a crucial meeting to deliberate on the matter.

The meeting would discuss and agree on a timetable intended to fast-track key Bills necessary for the implementation of the Constitution, within one year.

It is understood the meeting has arisen out of the frustrations and concerns by CIOC that bureaucracy at the State Law Office was derailing the process.

Empty in-tray

The Cabinet, which Muthaura sits in as the secretary, is supposed to approve Bills before they are forwarded to Parliament, while the PM’s office is charged with coordination of Government affairs.

Yesterday, National Assembly Speaker Kenneth Marende pointed out that Parliament’s in-tray was ‘starved’of crucial pieces of legislation required to implement the Constitution.

"The larger blame lies with the Government, the Bills didn’t come until last week, and they are only two for that matter," said Marende.

He was referring to the Independent Electoral and Boundaries Commission Bill, which seeks to establish a credible electoral body and the Salaries and Remuneration Commission Bill, tabled in Parliament last week.

These are the only Bills introduced by the government since President Kibaki opened Special Session of Parliament on March 22, 2011.

Committee infighting

During the introduction of the IEBC Bill, nominated MP, George Nyamweya raised concerns that the Justice and Legal Affairs Committee may not scrutinise the Bill owing to the infighting in the Committee.

But yesterday, Marende played down the row in Committee in which some members want the Chairman Budalang’i MP; Ababu Namwamba removed, saying Parliament can opt to refer the Bills to any committee.

"There is no golden rule that it is only the Justice Committee that can prepare a report on the Bills. Parliament is an institution and it is at liberty to delegate a matter to any committee, including discussing the same at the plenary," said Marende.

After the introduction of Bills, the relevant committees normally have about ten days to table reports on the same for discussions at the plenary.

Tomorrow’s meeting would bring together the Commission for the Implementation of the Constitution, the Attorney General’s Office, Kenya Law Reform Commission, Commission for Revenue Allocation and the ministries of Finance, Lands, Local Government and Provincial Administration.

But speaking to The Standard over the weekend, Justice Minister Mutula Kilonzo said CIOC was to blame for the sluggish pace in the rolling out of the new Constitution.

"It is the oversight committee that is sleeping on the job. Otherwise the Bills are ready, seven in my ministry alone," said Mutula.

CIOC’s mandate is to work with the Attorney General, the Commission for the Implementation of the Constitution and relevant parliamentary committees to ensure the timely introduction and passage of the legislation required to activate the new Constitution.

CIOC has prioritised several pieces of legislation that it would table at tomorrow’s meeting.

They include Bills on elections, reforms of political parties, power of mercy, Leadership and Integrity, Supreme Court, devolution, public finance and police reforms.