Panic on laws as Printer delays Elections Act

By Martin Mutua

The Government Printer is again on the spot for failing to publish the Independent Electoral and Boundaries Commission Act, as suspicion rises on who could be responsible for the delay.

And legal experts warn that the refusal by the Government Printer to publish the new law within seven days of the President assenting to it, as stipulated in the Constitution, means they are violating the Constitution.

According to Article 116 (1) "a Bill passed by Parliament and assented to by the President shall be published in the Kenya Gazette as an Act of Parliament within seven days after assent."

Interestingly the Independent Offices (Appointment) Act, which was assented to by President Kibaki the same day with the IEBC Act, has been published raising fears that there are powerful forces in Government out to derail the electoral process.

Once the Act becomes operational, the President and Prime Minister Raila Odinga have 14 days to pick a panel of seven members to the IEBC. The panel has to be approved by Parliament before it picks the new electoral and boundaries commissioners.

The new body will be charged with presiding over the 2012 General Election that will see the country elect a new president. The incumbent will not be eligible for re-election.

But of immediate priority is the delineation of the 80 new constituencies, as outlined in the Constitution

Punish culprits

Attorney General Amos Wako told The Standard On Sunday he does not know why the Government Printer has not acted.

"I sent the Act to the Printer the same day after the President assented to it, together with the Independent Offices (Appointment) Act 2011. Why it has not been published only the Government Printer can tell you," added Wako.

The Act, which is destined to change the political landscape once it comes into effect after publication, has been lying at the Government Printer for the last two weeks. Fingers are being pointed at some top Government official in the office of the President.

The Government Printer is not new to controversy. Last year just after Parliament had approved the Proposed Constitution and the document was sent for printing, an alteration on the draft was discovered, at the Printer.

To date, no one has been arrested for the crime despite the Government promise to punish the culprits.

Justice Minister, Mutula Kilonzo, says even as minister responsible for elections, he does not understand what is happening.

"The President fulfilled his executive obligation in assenting to the Bill on time, last week. As minister in charge of elections I cannot tell you where the Act is," he added.

Mutula told The Standard On Sunday it was unfortunate a fundamental law on the electoral process is being delayed.

Mutula noted that those causing the delay were being unfair to the President and the electorate.

"If I am the one asking about the whereabouts of the Act, what about Wanjiku, Wafula, Kioko, Abdi and the rest?" he added

Mutula said he would be forced to develop a law that would guide the operations of the Government Printer.

As a ministry we are going to develop a law for the Government Printer. If they could delay such a fundamental law, what would happen now that we are expecting many other laws? Are you saying they would be given laws and then sit on them?" he posed.

Mutula noted that every single day for a Bill counts. He said he does not understand why the Government Printer does not work on weekends, yet there is no law prohibiting that.

Efforts to get a comment from the Government Printer Andrew Rukuria on Friday failed. His secretary told us he was out of the office, but would return our calls. He didn’t.

Constitution Implementation Oversight Committee Chairman, Mohammed Abdikadir, is worried of the slow pace the Bills meant for debate are being handled.

In an interview with The Standard on Sunday, Abdikadir said when Parliament reconvenes on Tuesday there would be no Bill on implementation of the Constitution for debate.

"As we speak now there is no Bill that has been published. We cannot go on like this," he added.

He has called a crisis meeting on Tuesday, with the agencies involved in the process to establish the problem.

Wako, Mutula, Commission for Implementation of the Constitution, Kenya Law Reform Commission, and the Task Force on Devolution have been called for the meeting.

"As the oversight committee we want to know why we are not moving because ultimately the buck stops with Parliament," he added.

"Parliament can be disbanded if we don’t meet the deadlines and that is very clear in the Constitution therefore this blame game must stop," he added.

Abdikadir also noted that his committee would also discuss the issue of MPs taxation with Kenya Revenue Authority to avoid a situation where passage of the Bills might be jeopardised because of the issue.