Nadco report: MPs have 45 days to approve or reject anchor Bills

National Dialogue Committee co-chairs Kalonzo Musyoka and Kimani Ichung'wah. [Dennis Kavisu, Standard]

Parliament has 45 days to reject or approve nine Bills meant to enforce the report of the National Dialogue Committee (Nadco).

National Assembly Speaker Moses Wetang'ula Wednesday committed the Nadco report to the Departmental Committee on Justice and Legal Affairs and the Senate Standing Committee on Justice, Legal Affairs and Human Rights which will actualise the report that among other things seeks to alter the structure of government.  

The National Assembly will introduce and consider several legislative proposals including the Independent Electoral and Boundaries Commission (Amendment) Bill, 2024, the Ethics and Anti-Corruption Commission (Amendment) Bill, 2024, the Leader of Opposition Bill, 2024, and the National Government Coordination (Amendment) Bill, 2024.

The Senate on its part will introduce and consider the Elections Offences (Amendment) Bill, 2024, Elections (Amendment) Bill, 2024, Statutory Instruments (Amendment) Bill, 2024 and Political Parties (Amendment) Bill, 2024.

Clerks of Parliament were also directed to communicate to other entities recommendations contained in the report that require action by the said entities.   

In his communication before the House on Tuesday, Speaker Wetang'ula directed the two committees to conduct joint sittings so as to effectively implement the recommendations within the specified 45-day period but do so in line with the law and the Standing Orders of both Houses.

“I direct the Departmental Committee on Justice and Legal Affairs of the National Assembly to hold joint sittings with the Senate Standing Committee on Justice, Legal Affairs and Human Rights, in accordance with the Standing Orders,” Wetang'ula said.

“The two committees are required to expeditiously consider the proposals to amend the Constitution and recommend to the Houses, the manner of actualising the recommendations of the Nadco.”

The Speaker further said that he had met with his counterpart from the Senate Amason Kingi, to deliberate on ways to address the report recommendations that touched on matters that were of concern to both Houses.

This, he observed, was in line with Article 256 of the Constitution which requires that any proposed amendments to the Constitution should be considered by both Houses.

“At meetings held on Tuesday, February 27, 2024, and Thursday, February 29, 2024, the Speakers of the Houses of Parliament and the Leaders of the Majority and Minority Parties in both the National Assembly and the Senate deliberated on modalities for implementing the recommendations contained in the Report,” Speaker Wetang’ula said.

The report was unveiled last year following lengthy deliberations of the bipartisan team led by National Assembly Majority Leader Kimani Ichungwa for Kenya Kwanza and Wiper party leader Kalonzo Musyoka for Azimio.

The committee was formed to facilitate dialogue and consensus building and recommend appropriate constitutional, legal and policy reforms on issues of concern to Kenyans.

Nadco report recommended the creation of the office of Leader of the Opposition, which will be occupied by the leader of the party that garnered the second highest number of votes in the presidential election with two deputies and the entrenchment of the Prime Cabinet Secretary's office in the Constitution.

It also proposed that the Salaries and Remuneration Commission reduce the bloated wage bill by 30 per cent.

Further, the Ministry of Energy will be required to reduce road maintenance levy and anti-adulteration levy by Sh5 and Sh3 respectively if the committee's report is endorsed by Parliament.

The two sides also reached a consensus on the entrenchment of the Senate Oversight Fund, Ward Development Fund and National Government Constituency Development Fund (NGCDF) in the Constitution.

On electoral justice, the report notes that the Azimio and Kenya Kwanza teams agreed on the necessity of an audit of the 2022 electoral process.

It further proposed the establishment of an expanded selection panel of nine members, up from seven to recruit the chairman and commissioners of the Independent Electoral and Boundaries Commission (IEBC).

It has also called for a review of the timeline within which the Supreme Court shall hear presidential petitions from 14 to 21 days and the creation of an office to oversee party fidelity to be entrenched in the Constitution. The role is currently played by the office of Registrar of Political Parties.

The reforms were to be in line with the Constitution and the laws of the Republic of Kenya while also respecting the functional and institutional integrity of state organs.

The committee’s report was tabled and adopted by the National Assembly on February 22, 2024, and on February 21, 2024, by the Senate.