Bills: Cabinet in panic mode as deadline looms

By David Ochami

President Kibaki’s government has received a lot of plaudits for the promulgation of the new Constitution, but the next four days could undo the gains achieved and deal a major blow to his legacy.

The President chairs a past Cabinet session. Cabinet meets today to scrutinise pending Bills which must be passed in four days. [PHOTO: FILE/STANDARD]

The Cabinet meets for a historic fourth time in a week today as key committees of Parliament also convene to meet implementation deadlines set by the Fifth Schedule of the new Constitution.

There is panic everywhere although key figures in Government were last evening putting on brave faces promising that all will be well.

Only four days remain to pass crucial Bills by August 27. Justice minister Mutula Kilonzo and Constitutional Implementation Oversight Committee (CIOC) Chairman Mohamed Abdikadir say there is no reason to extend the deadlines if Parliament and politicians unite with a common purpose.

Last week, MPs argued that they should not be expected to work overtime because of confusion and lack of focus in government.

Chief Whips from both sides of government (PNU and ODM) are therefore expected to lobby MPs to sit for more hours and pass the Bills before Saturday.

However, the chairman of the Commission on the Implementation of the Constitution (CIC), Mr Charles Nyachae, insisted yesterday that "fundamental policy differences" within the Executive could interfere with the passing of the Public Financial Management Bill by Friday.

He accused the Executive of delaying the law through failure to harmonise rival drafts and opinions. Nyachae said if Parliament extends sitting time, it could pass 14 pending Bills it has reviewed.

"I, however, foresee trouble with the Financial Management Bill because of differences between the Treasury and the Ministry of Local Government on the future of public finance management," said Nyachae. He proposed that the Attorney-General postpones enactment of the Financial Management Bill by a month "in public interest" because a bad law will irreparably derail devolution.

Nyachae said it was important that the Executive achieves consensus on financial management and relations between the county and national governments.

Abdikadir said Parliament could not be blamed for any delays in passing Bills because until last week, there were no Bills brought to the august House to justify extension of debate.

The CIOC chairman said Parliament can easily pass all pending Bills, save for those of Financial Management and Political Parties.

He argued that the two Bills were hamstrung by deep-seated political differences that could delay debate, adoption and enactment.

Extensive consultations

"We should do everything possible to ensure we pass all these Bills," he said. Abdikadir said there was no likelihood of passing weak or defective laws within the remaining days because most of the pending Bills have been drafted after extensive consultations, in some cases lasting years.

This morning, the CIOC will meet the Leader of Government Business in Parliament, Vice-President Kalonzo Musyoka, the House Business Committee, the Speaker and the two Grand Coalition Government Whips to discuss legislative agenda for the week.

But a pessimistic Nyachae said despite claims that the Cabinet will meet today afternoon to come up with a harmonised Bill, CIC had not seen what would be discussed at State House.

He said CIC had spent the day discussing with consultants how to harmonise rival positions on this law.

But Mutula remained adamant: "I will not accept any extension, even on the Public Finance Management law."

Said Abdikadir: "We don’t have the luxury of writing to say let us postpone (enactment of the Bills)".

Parliament has passed just seven major laws since the promulgation of the Constitution last year — including one adopted last week — but now must pass 15 before Friday.

According to the Constitution, legislation on electoral reform, the anti-corruption agency, devolution, judicial reform, treaties, political parties, presidential power of mercy, citizenship and the national human rights agency must be passed before August 27.

A sense of urgency has gripped the Government, with the Cabinet sitting thrice in five days, including on Saturday, as Parliament voted to shorten the process of debating the Bills.

Wider political interests stand in the way of the Public Finance Management Bill and the Political Parties Bill, according to Abdikadir, who argues that the remaining Bills can be debated and passed by Parliament and signed by the President by Friday because they have been drafted after extensive consultation.

ODM Whip Jakoyo Midiwo also said MPs were "up-to-the task" and were ready to debate and pass the Bills, but said MPs would not accept to water down constitutional provisions on public finance and devolution through legislation. The Gem MP also said he does not support calls to extend time for legislating the laws.

But Imenti Central MP Gitobu Imanyara argued that Parliament could support an extension of any timelines "as long as it does not exceed one year." He said "timelines have been breached" but said there was no crisis because MPs supported the enactment of the needed laws.

The Cabinet meets this afternoon to discuss pending Bills — those before Parliament and others that were supposed to be published by the Government Printer last Saturday.

Mutula said the remaining 15 Bills could be enacted by Friday if Parliament adopts a bipartisan spirit, agrees to sit for extra hours and suspends Question Time.

"No law is perfect", said Mutula and argued that Parliament could amend any law emerging from these Bills if defects were detected in future.

He said that Bills of electoral, police and judicial reform as well as citizenship and devolution were made from the product of extensive consultations by task forces and the Kenya Law Reform Commission.