CIC’s Nyachae Writes to Marende Over Bills Delay

Nairobi Star (Nairobi)

Nzau Musau

21 May 2011

The Constitution Implementation Commission has written to Speaker Kenneth Marende over the delay of two bills. Parliamentary sources told the Star the CIC chair Charles Nyachae wrote to Marende expressing “grave concerns” over the fate of the Independent Electoral and Boundaries Commission Bill and the Salaries and Remuneration Commission Bill.

According to the timelines agreed between CIC, Kenya Law Reform Commission, the Attorney General and the parliamentary oversight committee chaired by Abdikadir Mohammed, the two bills ought to have gone through and enacted into law by last Sunday.

The timelines were published a fortnight ago in local dailies and members of the public asked to watch over them and hold the implementing agencies to account. “Mr Speaker, it is therefore a matter of grave concern to CIC, that as regards the IEBC Bill and the Salaries and Remuneration Commission Bill, there has been a delay beyond the agreed timelines thus putting into jeopardy the process in so far as the full schedule is concerned,” the letter reads. “The concern is increased by our observation, which is a matter of public record, that there appears to be fundamental challenges within the National Assembly regarding the working of the committee system, and in particular the Committee on Justice and Legal Affairs.”

The said bills were published and tabled in the House long ago but wrangling in the Justice committee appears to have derailed them. To clear the backlog, Marende made a widely criticised decision, granting the Abdikadir’s oversight committee the mandate to take over the IEBC Bill.

Before the timelines were agreed, Abdikadir’s oversight committee had severally summoned CIC, KLRC and AG and dressed them down over slow generation of bills. Now, Parliament and Cabinet are the ones delaying implementation. “Much pressure was brought to bear on CIC in addition to the AG and KLRC to expedite the priority timelines, as the National Assembly was ready, able and willing on its part to expeditiously process the passage of the legislation. “Indeed thereafter on several occasions, Mr Speaker and the Chair of the Oversight Committee have on several occasions urged the expeditious development and tabling before the National Assembly, of such legislation,” Nyachae’s letter reads.

The timelines were discussed and agreed at a meeting convened by Abdikadir on April 21 and where various government ministries were represented.

They provide that at least 22 bills, majority of whom must be passed within one year of constitution promulgation and a few of which must be passed within two years, must be enacted into law before August 26, the promulgation anniversary.

Nyachae’s commission now wants Parliament to “reconfirm its commitment” to the agreed timelines to make it clear when the two bills are likely to be passed. The commission also wants Parliament to “do whatever is necessary” within its rules and procedure to ensure effective and timely implementation.

It also wants to know the fate of two advisories it had crafted regarding the two Bills and which appears to have disappeared within parliamentary systems without clear indication as to if they were acted upon.

The commission’s letter to Parliament has been copied to Abdikadir, Justice minister Mutula Kilonzo, AG Amos Wako, KLRC chair Kathurima M’Inoti and Clerk of the National Assembly Patrick Gichohi.

AllAfrica – All the Time