Heavy legislative agenda for MPs

Members of Parliament return to the House this year required to pass at least 16 new laws related to the implementation of the new Constitution.

The new laws have to be passed by August 27. Twelve of these 16 laws relate to the setting up of county government structures, their relationship with the national government, and their financing.

Other urgent laws are those concerning the Judiciary, national security, the electoral system and representation, the Legislature (National Assembly and Senate) and leadership and integrity sections of the Constitution.

The deadlines

The Constitution calls for the dissolution of Parliament if MPs fail to meet the deadlines set for the laws to be put in place.

This year, therefore, Parliament will be required to go beyond politicking and focus on its core business of making laws needed to implement the Constitution.

Justice and Legal Affairs Committee chairman Ababu Namwamba, who has called on parliamentary groups to chart the legislative agenda, told the Sunday Nation that MPs need to realise the importance of constitutional deadlines.

“Unlike the formation of the Commissions which was delayed but had no consequences, failure to meet constitutional deadlines will have dire sanctions for Parliament. We will therefore need to bring the House to this reality,” he said.

The Budalang’i MP also revealed that there are plans to immediately start drafting the laws needed. He said his committee, the Kenya Law Reform Commission, the Commission on Implementation of the Constitution and the ministry of Justice plan to draft the laws and make them public before Parliament resumes.

Existing commissions

The Constitution requires that all the existing commissions be reconstituted and three others put in place by August. The new ones are the National Land Commission, the Commission on Revenue Allocation and the Salaries and Remuneration Commission.

Those to be reconstituted are the Kenya National Human Rights and Equality Commission, the Independent Electoral and Boundaries Commission, the Parliamentary Service Commission, the Judicial Service Commission, the Public Service Commission, the Teachers’ Service Commission and the National Police Service Commission.

Given the transition provisions in the Constitution, Kenya is already one month behind schedule.

However, Justice and Constitutional Affairs minister Mutula Kilonzo said the Executive had done its part and it was up to Parliament to speed up the process.

“We are more than prepared, that I can tell you, and I am hoping that the chief justice can be available to swear in the members of the new commissions. But we have all the necessary infrastructure, including the offices and equipment for them to start operating,” said Mr Kilonzo.

Free and fair elections

The successful implementation of the new Constitution and the complementary laws are key to ensuring that Kenya gets free and fair elections in 2012.

Mr Namwamba said that they anticipate three bills related to the electoral process – one establishing the Independent Electoral and Boundaries Commission, the Electoral Offences Bill and another to amend the Political Parties Act.

“We will need to hold preliminary consultations to ensure that all stakeholders participate and avoid the drama we have previously seen in the House where some people stand on the floor and say that they were never consulted,” said Mr Namwamba.

Other key changes expected before August 27 are the replacement of Chief Justice Evan Gicheru and Attorney-General Amos Wako. The CJ should leave office by February 27 while the AG should have been replaced by August 27.

By the same date, all new appointments should have been made with the crucial ones being Director of Public Prosecution, Auditor General and Controller of Budget.

Gazetted on Friday

The Commission on Implementation of the Constitution was gazetted on Friday, one month after the deadline stipulated in the Constitution.

The CIOC is crucial in the enactment of the new laws as it is, in consultation with the Attorney-General and the Kenya Law Reform Commission, the committee that will forward such bills to Parliament. The commission is chaired by lawyer Charles Nyachae.

Also signed into law are Bills setting up the Revenue Allocation Commission and the Judicial Service Commission.

The JSC will recommend to the President persons for appointment as judges. It will also be responsible for reviewing and making recommendations on the conditions of service for judges and judicial officers and staff of the Judiciary.

The Revenue Allocation Commission will be the key link between the national government and county governments to ensure equitable allocation of revenue. The RAC will monitor the national budget allocation to ensure balanced development countrywide. It will be headed by former Central Bank Governor Micah Cheserem.

Other than enacting the new laws, Parliament is also supposed to amend some of the existing laws to ensure consistency with the new Constitution. Laws to be enacted this year mostly touch on elections, representation, administration, public finance and security.

They also include membership of the proposed senate and powers, privileges and immunities of MPs. By February 27, Justice Gicheru will choose to either retire from the Judiciary or undergo vetting to serve in the Court of Appeal.

After consulting

The President will then appoint a new Chief Justice after consulting the Prime Minister. The appointee will have been nominated by the reconstituted JSC and vetted by Parliament.

By August 27, Parliament should have passed a law setting out the modalities and timelines for vetting the suitability of the current judges and magistrates.

Current judges will be given the opportunity to either go through the vetting process or choose to leave the Judiciary.

By the same date, a Supreme Court, which will be the highest court in the land, will have been established and staffed. One of the key functions of the Supreme Court will be to hear and determine disputes over presidential elections.