Blame game on CIC term extension continues

Senate Majority Leader Kithure Kindiki

The Commission for Implementation of the Constitution (CIC)’s work is not yet over and therefore an extension is justifiable, Senate Majority Leader Kithure Kindiki (Tharaka/Nithi) has said.

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

But Mombasa Senator Hassan Omar has blamed Parliament and the Executive for the commission’s failure to meet its constitutional deadline, arguing that the delay was a conspiracy to mutilate the law.

Though Prof 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 the term of CIC or not, which expired on Tuesday, they maintained that both Houses of Parliament must make a decision on the matter.

Kindiki stands by the Senate’s resolution to extend the commission’s term in office for a period not exceeding two years, arguing that there are critical issues outstanding like the pending legislations, including those with constitutional deadlines.

The senator is of the opinion that everything is not cast on stone, if Parliament extended the passing of Bills with constitutional timelines from August 27th with a year, what stops it from doing the same for CIC.

“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,” said the Senate Majority Leader.

“The question is the Constitutional implementation exercise has not been actualized. There are pending legislations that requires the commission’s input,” he added.

Omar lauded the CIC report, saying it is an indictment of the Jubilee administration, especially the Executive trying to undermine the law by the President assuming powers to re-write the law based on the coalition’s numerical strengthen in the legislature.

“The Executive has made deliberate efforts to roll back gains of the constitution through unconstitutional laws and CIC’s report is on point.  CIC is vandal in the implementation process therefore denying it an extension is an impediment to constitutional reforms,” he cautioned.

Kindiki nevertheless argued that an extension is envisaged in law and therefore urged the legislature to give the matter a critical look.

He also noted that the National Assembly is yet to deliberate on the matter despite CIOC’s recommendation that the commission’s term should not be extended.

“I don’t think the National Assembly has rejected the commission’s extension. The matter can be resolved early next year and the extension applied retroactively. The process is not complete,” stated Kindiki.

Kilonzo Jnr questioned why the National Assembly has not acted on the matter despite Njoroge Baiya led committee’s verdict.

“CIC is dead as a dodo. We proposed a term extension but the National Assembly thought otherwise and completely failed to deliberate the issue. The speakers should have called for a mediate,” charged the Senator.

He warned, “If nothing happens, the role of CIC will now be assumed by the National Assembly in total violation of the spirit and letter of the constitution.”

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

“If at all the need arose to extend CIC’s term, the law is clear on whose role it is to approve the same,” Muturi said.

Senator Murkomen on his part, called for sobriety on the matter and even went ahead to suggest for the establishment of a monitoring agency to take over the residual legislations.

“If there is need for a permanent monitoring agency then nothing stops Parliament from establishing it through legislation. I ask for sobriety in this debate and wider consultation on the way forward particularly with the term of Transition Authority also coming to an end in March next year," urged Murkomen.

By AFP 12 mins ago
Athletics
Beijing half marathon runners stripped of medals after controversial finish
By AFP 12 hrs ago
Football
Arsenal, Liverpool fight to keep Premier League race alive
Athletics
World hammer silver medallist Kassanavoid eyes glory at Nyayo on Saturday
Athletics
Eldoret City Marathon to have a bigger 10km fun run