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Why State printer rejected Ligale work

BUSINESS
By | November 25th 2010

By ALEX NDEGWA

Confidential correspondence among top Government officials obtained by The Standard unravels circumstances under which publication of the report by the boundaries commission flopped.

Government Printer Andrew Rukaria contends the proposed legislation on additional 80 constituencies by the Interim Independent Boundaries Review Commission was not accompanied by the requisite reference of Attorney General Amos Wako’s clearance. Mr Rukaria notes this was a deviation from the standard procedure while handling legislative supplements, whose guidelines had been issued by Wako in a circular dated February 15, 2002.

Though Wako had earlier given Commission chairman Andrew Ligale the green light to publish the report, Gikaria’s letter contends the IIBRC did not subsequently obtain the necessary documentation from Wako as evidence of his approval.

Rukaria notes the proposed subsidiary legislation was forwarded to the Government Printer via a letter dated November 15, which was copied to the Attorney General.

"The Government Printer regarded the copy submitted directly to the Department as a signal to anticipate Attorney General’s instructions on the same, based on his copy.

"It is expected that when the AG will have satisfied himself with the nature and text of the proposed legislation, he will instruct the Government Printer appropriately," Gikaria writes in the letter.

The AG’s circular Ref CPC/C/2002, which Gikaria cites in a brief to Head of Civil Service Francis Muthaura on the gazzetment of the draft National Assembly Order, stipulates the "absence of such reference will lead to the return of the documents for compliance with this requirement."

Guidelines

According to the guidelines, upon signature, the signed original plus two name-stamped copies will be forwarded to the AG for transmission to the Government Printer, with the covering letter containing the reference of AG’s clearance prior to approval.

Rukaria notes in the event the due process is not followed, the Government Printer may refer the proposed legislation to the AG’s drafting department for advice.

Ligale sought constitutional interpretation from Wako on September 3, on the winding up of the commission and the AG responded in a letter dated September 13, under the new Constitution: "You are therefore mandated to Gazette your determination."

Wako added: "The process is not subjected to Parliament but the determination of the commission is simply gazetted and can only be challenged through a judicial process."

The AG, however, clarified that any challenges to the gazette notice could be handled by the commission’s successor, the Independent Electoral and Boundaries Commission.

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