Reform hurdles refuse to go one year after promulgation

Business

By Gakuu Mathenge

The first anniversary of the promulgation of the new laws comes up next month at a time experts are worried over renewed attempts to subvert implementation.

New tactics, among them drafting weak laws, have been invented to sabotage reforms, and the Commission for Implementation of the Constitution (CIC) says the process is facing an assault from Government.

CIC blew the whistle on Thursday, saying there are forces in Government that are yet to embrace the 10-month-old Constitution.

"There is deliberate refusal by those in power to embrace the Constitution, and selective interpretation and misinformation of the public by politicians," the CIC quarterly report released on Thursday says.

Now sources are talking about anti-reform agents regrouping to erect new hurdles.

"Their audacity and tactics are shocking. Departments with known internal capacity to draft Bills are generating shoddy drafts, so poorly done and flawed, that it has left many wondering if it is deliberate," says Kenya National Commission on Human Rights commissioner Hassan Omar. CIC chairman Charles Nyachae has also singled out the Attorney General Amos Wako, and Clerk to the National Assembly Patrick Gichohi as some of the impediments to implementation.

Mr Wako has been accused of sitting on Bills without forwarding them for presidential assent, while Mr Gichohi has been blamed for being "too slow" in expediting tripartite meetings between ministries, the AG and CIC to fine-tune Bills.

The clerk is the link between the CIC and the Constitution Implementation Oversight Committee of Parliament.

Mr Nyachae has consistently maintained without mincing words that the Executive was yet to embrace the new laws, and has not been enthusiastic about implementation. Recently, it emerged MPs had to be lured with promises of tax exemptions to endorse the new Constitution last year.

Now, they are threatening to ‘hit back’ after Kenya Revenue Authority (KRA) insisted they must pay up.

Legal opinion

Speaker Kenneth Marende has thrown his lot with the MPs, citing a legal opinion given by Wako and a pledge by Deputy Prime Minister Uhuru Kenyatta that MPs’ allowances would not be taxed.

However, Centre for Multi-Party Democracy chairman Justine Muturi says the Speaker seems to have abandoned his ‘Solomonic’ wisdom in interpreting the Constitution and the Standing Orders.

"Only three weeks ago, he ruled no person or authority could slow down or suspend operation of any of the provisions of the Constitution. This should include any private agreements and undertakings between MPs and any other authority, that their allowances would not be taxed. It does not matter if it was the AG, the President or Prime Minister who made the promises," Mr Muturi said.

Experts says many public officials, including those who supported the Constitution last year, were suffering a "culture shock" upon realising what the new order meant.

"Many are finding themselves alienated. The coalition has entrenched itself and preservation of the status quo seems to be a fundamental objective. It is unfortunate that Parliament has been mired in the taxation controversy. Impunity fights back," Omar said.

Lawyer Harun Ndubi regretted the civil society in Nairobi had been spread too thin and had no resources to scrutinise Bills and lead the public on reflecting on progress and protesting at perceived back peddling.

"So much is happening at the same time. It is clear many people are suffering from constitutional culture shock. Unfortunately, victims of the new order are still in power and are using legal instruments to defeat the birth of the new order" Ndubi said.

Parliament was the ultimate change driver, but it is embroiled in controversies of its own.

"Entrusting reforms in the hands of vested interests was going stall to derail the process at some point. We needed change champions and agents to drive reforms," Ndubi said.

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