Cabinet accused of delaying crucial laws
Ministers were on Tuesday blamed for the delay in implementing the Constitution as 16 reform Bills remained tied up at the Cabinet level.
And MPs overseeing the implementation process and the Commission for the Implementation of the Constitution (CIC) threatened to sidestep the Cabinet in the preparation of the laws.
A search by the Nation established that the Cabinet was yet to approve five reform Bills while 11 others were still being discussed by various line ministries and other bodies charged with scrutinising them before they even reach the Cabinet.
Cabinet approval
The Bills awaiting Cabinet approval include the National Police Service Commission Bill, the Independent Policing Oversight Authority Bill and the Ombudsman Commission Bill.
Also awaiting Cabinet approval are the Independent Ethics and Anti-Corruption Commission Bill and the Commission on Revenue Allocation Bill.
Only four Bills related to the new Constitution are ready for debate in Parliament, raising fears that MPs may not be able to meet the strict deadlines set out in the new law for the enactment of some of the laws.
They include the Political Parties Bill, the Commission on Administrative Justice Bill, the National Gender and Equality Commission Bill and the Kenya National Human Rights Commission Bill.
Justice minister Mutula Kilonzo said the four Bills were approved by the Cabinet last Thursday and published between Friday and Monday. They will be presented to Parliament for debate this week.
At an emergency meeting called by the Constitution Implementation Oversight Committee (CIOC) to discuss obstacles to the implementation process, the MPs led by their chairman Abdikadir Mohammed, said time had come for Parliament to take charge because, primarily, legislation falls under its mandate and not the Executive.
CIC commissioner Kamotho Waiganjo said the Cabinet took “an average of six weeks with a Bill” leading to the failure to meet the timelines set out in the Constitution. “The Cabinet is taking a very long long time with these Bills,” said Mr Waiganjo.
He also lamented that the ministers were making “very substantive changes to Bills” and in some cases, this watered down their very essence.
“There has to be a process of consultation after the Cabinet has gone through the Bills so that we ensure the spirit of the Constitution is retained in the Bills,” said Mr Waiganjo.
Parliament has only managed to debate and enact five laws to implement the new Constitution almost one year since it was promulgated on August 27 last year, underscoring the slow pace of the implementation process.
