Muthaura cracks the whip over urgent Bills

Head of Public Service Francis Muthaura has directed ministries to cooperate with institutions monitoring implementation of the Constitution as the August 27 deadline nears.

Mr Muthaura also ordered permanent secretaries to review Sessional Papers and strategic plans to reflect the spirit and letter of the new Constitution.

“Each of the institutions listed above should familiarise itself with the entire Constitution and its implications and ensure that in the course of performing its duties the Constitution is not violated, and all new and existing policies, laws and administrative procedures that are being applied are consistent with the letter and spirit of the Constitution,” Mr Muthaura said in a circular on Thursday last week.

Parliament must pass 27 Bills in the next four months — but only one is expected in the House this week.

Debate on the Independent Electoral and Boundaries Commission Bill was deferred last week to allow MPs to discuss the rising food and fuel prices. The House has already missed the March deadline for legislation on the Supreme Court.

According to the first quarterly report of the Commission for the Implementation of the Constitution (CIC), MPs are also likely to miss the deadlines for April and May. For instance, by the end of this month, Parliament should have enacted Bills on ethics and anti-corruption commission, leadership, foreign bank accounts for state officers and disciplinary procedures in the public service.

The Salaries and Remuneration Commission Bill is due next month.

The Task Force on Devolved Government has also proposed 13 pieces of legislation for the devolved system to take off smoothly.

Last week, Parliament shortened the maturity period of Bills upon publication — normally two weeks — to facilitate faster introduction in the House.

Stakeholders have also agreed to joint-sessions involving ministries generating the Bills, the Attorney-General, Kenya Law Reform Commission (KLRC), and Commission for the Implementation of the Constitution (CIC) to hasten enactment of Bills.

“If you have heard me in the last few days, we have red flags going all over the place. Parliament’s time is very limited,” Mr Abdikadir Mohammed, the chairman of the Constitutional Implementation Oversight Committee (CIOC), recently warned.

The ministries will also be required to establish an implementation unit to oversee the implementation of the work plan and report on the progress and impediments to implementation of the Constitution. The unit is expected to work with CIC in ensuring that progress is on track.

“To enable CIC report on the progress of implementation as required by the Constitution, each ministry should submit its implementation report to CIC three weeks before the end of each quarter. For the purposes of this circular, the first quarter ends on the 30th of June 2011. The report should be provided in a format to be provided by CIC after consultation with the ministries,” he said.

Mr Muthaura said CIC would undertake periodic audits of sectoral policies, laws, and administrative processes and structures to determine compliance with the Constitution.

“The legislation in question will include but not be limited to those listed in the Fifth Schedule of the Constitution. In undertaking this activity the institutions are also free to consult CIC.” Mr Muthaura advised.

Once they have carried out the audit and identified the gaps, the ministries will submit their plans to CIC, Justice ministry, the AG and KLRC.

The ministries will also be required to take into account the existing international treaties ratified by Kenya and the Bill of Rights.

The PS in the Office of the Vice-President and Ministry of Home Affairs, Dr Ludeki Chweya, said the ministry had started implementing the new Constitution.

“The Vice-President has appointed three task forces which have already started work. The first task force is to draft a Bill on the rights of detained, imprisoned or persons held in custody and also to review the draft national corrections policy” he said.