House races against time over new laws

Parliament may be forced to extend its working hours in a last-minute rush to beat the deadline to pass seven Bills crucial to implementation of the Constitution.

MPs, who return from their Christmas break on Tuesday, have just 12 calendar days to pass the land management and devolution laws before the February 27 deadline. (Read: Fresh battle looms in House over report on boundaries)

If they fail to pass the Bills in time, they face the risk of Parliament being dissolved for fresh elections.

The Constitution states that any person can go to court to petition Chief Justice Willy Mutunga to advise the President to dissolve Parliament.

Justice Minister Mutula Kilonzo told the Daily Nation that the House will have no option but to extend its sitting hours.

“I will ask the House Business Committee to seek the permission of MPs to have Parliament have extra sittings between 6.30pm and midnight from Monday to Friday. I also hope to have the MPs agree to sit from Monday to Friday morning and afternoon. If this succeeds, I will have the time to ensure that the laws are approved,” Mr Kilonzo said.

Government Whip Johnstone Muthama (PNU coalition) echoed these sentiments and added that the House had put in place adequate measures to ensure that there will be sufficient quorum to ensure the laws are approved within the set constitutional timelines.

The first business in the House on Tuesday afternoon is to introduce the three Bills that deal with the roll-out of 47 county governments.

Local Government Minister Musalia Mudavadi is expected to introduce the County Governments Bill, 2012. He will then ask for permission to have the Bill debated on Tuesday afternoon.

Thereafter, Mr Mudavadi will seek the permission of the House, to shorten the maturity period for two other Bills — the Transition to County Governments Bill and the Intergovernmental Relations Bill — to expedite their introduction and consequent debate in the House.

The National Land Commission Bill, the Land Bill, the Land Registration Bill and the Community Land Bill are also expected in the House. The Cabinet approved the first three of these Bills for publication last week.

They will help in the implementation of the National Land Policy. The laws have to be enacted by February 27, because the Constitution prescribes that they be in place 18 months after Promulgation Day (August 27, 2010).

The tight legislative schedule has MPs worried that they may be forced to rubberstamp the draft laws without adequate scrutiny.

And, yesterday, Mr Kilonzo revealed that MPs made more than 100 blunders as they hurriedly amended and approved 21 constitutional Bills ahead of the expiry of the implementation deadline set in the Constitution in August last year.

He was speaking before the House committee on Justice and Legal Affairs when he briefed MPs on the implementation of the Constitution.

The errors in the laws — which President Kibaki assented to in the deadline rush in August last year — include grave inconsistencies with the Constitution and contradictory clauses within the particular Acts of Parliament.

The revelations are contained in an audit that the minister submitted to the committee. They perhaps come as a warning to the lawmakers that they must not sleep on their job this time round.

“Sadly, even if this Parliament is not up to the task, it is the only Parliament that we have and we must use it. We hope that we’ve learnt and we’ll be vigilant in legislation,” Mr Kilonzo told the Nation after meeting MPs at Nairobi’s Continental House.

Mr Muthama said the deadline rush had given rise to legislative mistakes, but added that “to err is human”.

The exposé shocked the committee, with Mr Isaac Ruto (Chepalungu) telling a news conference at Parliament buildings, after the meeting, that the House shall, this time round, not be forced to approve the Bills without understanding the import of their actions.

“All the laws that we passed have mistakes. They’re contradictory and inconsistent with the Constitution. They just do not make sense. It will be extremely ridiculous to pass laws on devolution and land reforms without scrutinizing them closely,” said Mr Ruto.

“As the Chief Whip, I don’t expect any mistakes; but if they do happen, the first thing to do will be to correct the mistakes as quickly as they’re discovered,” Mr Muthama told the Daily Nation on phone.

But the minister and the whips will have a tough time to convince MPs about the urgency in the approval of the Bills.

This is because MPs such as Mr Gitobu Imanyara (Imenti Central), Danson Mungatana (Garsen) and Mr Ruto have previously demanded that the Bills be tabled to avoid a rush.