Ghai allays crisis fears over reforms list

Former Constitutional of Kenya Review Chairman Professor Yash Pal Ghai has downplayed fears that the country could plunge in a constitutional crisis.

Prof Ghai argued that Thursday night’s frustration of the approval of the nominees to two crucial commissions within the required time was only political and that time for that could be extended.

“There isn’t much to worry about. The law gives Parliament powers to approve or reject and if they do any of that, there can be an extension of time in say, four-five days, to get the correct people,” he said.

Speaking on the sidelines of the launch of the Nairobi County Development Initiative Friday, Prof Ghai said that the process for the appointment of the relevant commissioners was slow from the start and so it would be expected to face difficulties along the way.

He however blamed the nominating authorities, President Kibaki and Prime Minister Raila Odinga over what he termed as appointing the wrong people.

“They have to choose the correct people because it is obvious that the MPs are asking why some applicants that they felt were qualified were missing on the final list,” said Prof Ghai.

The former chairman of the CKRC said the idea of an independent commission should mean no one (commissioners) is affiliated to any party.

On Thursday, Parliament failed to approve the nominated commissioners to the Commission for the Implementation of the Constitution as well as that for the Revenue Allocation arguing that some nominees were of questionable character.

There were also claims by MPs Isaac Ruto and Dt Boni Khalwale that there was not enough representation of Kenya’s regions in the Implementation Commission.

But chairman of the Legal Affairs and Justice Committee Ababu Namwamba downplayed that argument saying the committee would revisit the matter if they considered it worth looking at afresh.

“If there is the feeling a region that has been left out my committee will address it. I felt it was not in good faith since the member who proposed it is a member of the committee and he sat through the whole vetting process,” said Mr Namwamba.

Githunguri MP Njoroge Baiya, who is the vice chairman of the Justice and Legal Affairs Committee, told the Nation the best way to resolve the constitutional crisis would be through President Kibaki and Prime Minister Raila Odinga.

“The crisis effectively comes from up there and if they resolve it at that level, or through the cabinet, it will be resolved,” he said in an interview.

The MPs were critical that four of the nine commissioners are from Nyanza. They are: chairman Charles Nyachae and members Prof Peter Wanyande, Dr Florence Omosa and Catherene Mumma.

The two commissions were supposed to be set up by Saturday, exactly three months after the promulgation of the new Constitution as a way of fast tracking the implementation process.

However, with this failure, it means that the Parliamentary Commission on Justice and Legal Affairs will return the list to the principals to ensure regional balance or they will have to labour in convincing MPs to change their mind, the soonest.

But some other MPs would reject the nominees while attaching the issue to failure for the government to gazette the proposed 80 constituencies.

The boundaries commission's term, also accused of imbalance in drawing up new constituencies, is supposed to expire Saturday.

However, Prof Ghai says there is no harm in allowing the commission to finish up its work before winding up.

“There is no reason why it should be disbanded tomorrow (Saturday).They should have time to finish their work because they are responsible for the boundaries for constituencies,” he said.