AG rules out withdrawal of controversial Bill

By Steve Mkawale

Attorney General Githu Muigai has ruled out the withdrawal from Parliament of the controversial Miscellaneous Amendment Bill saying it would jeopardise other critical amendments to various laws.

Responding to accusations of insubordination and mischief directed to him by Prime Minister Raila Odinga, Prof Muigai clarified that some of the proposals contained in the Bill were already out of the constitutional timelines. They risk being declared unconstitutional.

“For instance, those dealing with the transfer of power from the Attorney General to the Director of Public Prosecution, the terms of the Truth, Justice and Reconciliation Commission, the Judges and Magistrates Vetting Board and the conduct of by-election in Kangema Constituency,” said the AG in response to the PM’s accusations.

He said the Government has three options to sort out the current impasse, and reassured Raila that at no time did he have any intentions to rescind the undertaking he gave the Premier verbally when they met last Thursday.

One option

In his view, Prof Muigai said one of the options was to seek the direction of the Speaker of the National Assembly Kenneth Marende. This will shed light on the constitutionality of the impugned clauses – that the debate shall only proceed after the offending provisions of the Bill have been removed. The AG said the second option was to withdraw the Bill and republish the same without the offending sections.

The last was to allow the Bill to proceed as it is to the committee stage then allow the various constitutional concerns to be canvassed, and the offending provisions struck out. Raila, in a protest letter to the AG, demanded that debate on the Bill be stopped immediately.

“It has this morning come to my attention that in yesterday’s session of Parliament, you moved the said Bill before the House and attempted to have it passed by the National Assembly. This is despite your official confirmation to me that the Bill stood withdrawn,” the PM’s letter read in part. This is the second time the PM is raising issues with the AG on legislation.