Jubilee, CORD leaders divided over CIC term extension

NAIROBI: National Assembly and Senate majority leaders have clashed over the performance and fate of the Commission for the Implementation of the Constitution (CIC) whose term has expired.

Senate Majority Leader Kithure Kindiki (Tharaka Nithi) said CIC's work was not over yet and therefore an extension of their tenure was justifiable.

"Both Houses have a say on this matter and the Senate did its part by approving a maximum of two years extension through a House resolution. The question is the constitutional implementation exercise has not been actualised. There are pending legislation that require the commission's input," said Prof Kindiki.

But National Assembly's Majority Leader Aden Duale attacked the CIC for criticising MPs performance in lawmaking, insisting Attorney General Githu Muigai and the Kenya Law Reform Commission would guide implementation of the charter.

"The CIC failed to submit to Parliament all the bills as required until they were given ultimatums. Now that all relevant bills are with Parliament, the duty now lies with the Legislature to consider and pass them," said Duale, a day after all commissioners left office.

Senators Kipchumba Murkomen (Elgeyo/Marakwet) and Mutula Kilonzo Jnr (Makueni) are also of the opinion the commission deserves more time to comprehensively undertake its work.

But Mombasa Senator Hassan Omar blamed Parliament and the Executive for the commission's failure to meet its constitutional deadlines, claiming there was a conspiracy to mutilate the law.

Though Kindiki and Kilonzo Jnr are alive to the fact that the National Assembly is mandated in law upon recommendation by its Constitution Implementation Oversight Committee (CIOC) to decide whether to extend CIC's term or not, which expired on Tuesday, they maintained that both Houses of Parliament must make a decision on the matter.

Kindiki is of the opinion that "everything is not cast in stone, if Parliament extended the passing of bills with constitutional timelines from August 27 by a year, what stops it from doing the same for CIC?"

Omar lauded the CIC report, saying it was an indictment of Jubilee administration, especially the Executive trying to undermine the law by the President abrogating himself powers to re-write the law based on the coalition's numerical strengthen.

National Assembly Speaker Justin Muturi declined to be drawn into the debate, instead citing Section Five of the Sixth Schedule, stipulating the mandate, timeline for operations and extension.