MPs’ in-tray overflows with pending debate

By David Ochami and Martin Mutua

Parliament convenes this afternoon after a month’s recess to a raging debate over the date for the next General Election, proposed constitutional amendments and creation of the Independent Elections and Boundaries Commission.

The House Business Committee (HBC) has slotted one Bill out of six pending ones to implement the Constitution but the Independent Policing Oversight Authority Bill is unlikely to be debated on Tuesday for lack of time.

Oddly missing from the Order Paper is the Constitution of Kenya Amendment Bill 2011, which was published by Justice minister Mutula Kilonzo last week. The Bill seeks to remove gender quotas in elective/representative bodies and push the election date from early August to December 17 next year. (See story below).

In the House diary, the Bill seeking to establish civilian oversight over the police should be read for the second time on Tuesday where MPs can debate the proposed law in depth without amending it.

Police reforms

But the same Order Paper shows that three other Bills, which are unrelated to implementation of the new Charter have been slotted before the one on police reforms.

According to the Fifth Schedule of the Constitution, all legislation on land, removal of county governors and members of county assemblies, revenue for county governments, transitional and consequent provisions ought to be passed by Parliament by February next year or 18 months from date of the promulgation of the supreme law.

Five Bills pending in this connection, including one on land and four on devolution, are expected soon. Although these laws should be established before February 27 next year, they ought to be enacted before the December (2011) recess which might extend to February next year.

Last evening, the Justice minister said he would take the amendment Bill to the HBC on Tuesday, adding that it would be introduced for the first reading tomorrow.

He spoke after the High Court declined to issue orders sought by civil society organisations that wanted to stop the introduction of the Amendment Bill in Parliament.

Mutula told The Standard that under Article 256 of the Constitution, Parliament has "the right to amend the new laws and alter the poll date" notwithstanding a separate Motion intended for the Supreme Court to determine the polls timetable.

"It (Bill) cannot come before Parliament today because the House Business Committee has not approved it. We shall take it to the committee today and we hope to bring it for First Reading on Wednesday," he said.

According to the minister, the operations of the Supreme Court would not alter those of Parliament. He added that the House would also seek to participate in court proceedings on the elections date.

But even if the Amendment Bill is brought for the First Reading, it can only be returned for the Second Reading next year because Article 256 of the Constitution decrees a 90-day period between readings to allow public participation in constitutional amendments of this magnitude.

Dissolve PSC

This morning also, Gwassi MP John Mbadi is expected to give a notice to introduce a Motion seeking to investigate or dissolve the Parliamentary Service Commission. The HBC will sit to determine when the Motion will be brought to the House.

On Sunday, Mbadi accused the PSC of entertaining nepotism and cronysim, claims which MPs Njoroge Baiya (Githunguri) and Aden Duale (Dujis) said should be investigated.

Although the Party of National Unity through its Secretary General Kiraitu Murungi argued it would not support the Motion, reports indicate support or opposition to the proposal to disband the PSC is bipartisan.

MPs are also expected to revive the pending debate about the disputed reinstatement of Foreign Affairs minister Moses Wetang’ula and his PS Thuita Mwangi following their suspension last year over the controversial purchase of diplomatic property for Sh1.1 billion.

Ironically, legislators mainly from PNU and the so-called G-7 alliance are most opposed to Wetang’ula’s reappointment and are piling pressure on Prime minister Raila Odinga to explain the minister’s return to the Cabinet. This was despite reports by the Defence and Foreign Relations Committee and the Auditor-General calling for investigation into graft allegations.

The Prime Minister failed to address this matter twice before the recess amid confusion whether the now disbanded Kenya Anti-Corruption Commission had concluded international aspects of investigation into the purchases in Tokyo.

Baiya accused the Executive of "displaying impunity" and declared that debate on Wetang’ula would be revived "to assert the oversight role of Parliament."

MPs are also expected to approve the new IEBC members and pass new laws to implement the Constitution, including creating a new spy agency to replace the National Security Intelligence Service.