State accused of delaying key Bills

The Kenya Government was Thursday put on the spot over the inordinate delay in the publication of Bills to rollout the Constitution.

MPs turned the tables on the government accusing it of “laxity, inefficiency and for sleeping on the job” after it emerged that the government-led House Business Committee had refused to give priority to 18 Bills required to implement the mother law.

Deputy Leader of Government Business Amos Kimunya was a lonely man after Justice minister Mutula Kilonzo, under whose docket the Bills fall, said he was equally frustrated in his bid to track some of the Bills that ought to have been published by now.

“I am afraid I go through the same frustrations,” the Justice Minister told agitated MPs in Parliament. (Read: Cabinet accused of delaying crucial laws)

He added that Finance minister Uhuru Kenyatta and the Permanent Secretary Joseph Kinyua had gone silent on a crucial Bill to manage the Commission on Revenue Allocation, even after it the Bill was approved by the Cabinet three weeks ago.

He revealed to the House, much to the chagrin of the lawmakers, that the CRA Bill had gotten lost in bureaucracy.

Mr Kilonzo also pointed accusing fingers at the Commission for the Implementation of the Constitution and the Attorney General Amos Wako for delaying the publication of four Bills on police reforms that got the nod from the Cabinet on Tuesday.

He said he sent the Bills to the CIC and the AG within 30 minutes of Cabinet’s approval, but the two organs have not treated the draft laws with the requisite urgency.

“I am informed that the AG’s office was waiting for some letter from the Office of the President. I have released all the Bills, raw or otherwise, from CIC and AG to the Constitutional Implementation Oversight Committee. Other than that I cannot offer an explanation,” said Mr Kilonzo under whose docket matters on Constitutional Affairs fall.

The oversight committee vice chair, Ms Millie Odhiambo, led hawkish MPs in telling off the government over the delay in the publication of the Bills.

“They (Bills on police reforms) have already received Cabinet approval, we don’t know why they have not been published. We do not want to be blamed for your (the Executive’s) own laxity and inefficiency. Here (in Parliament) we work,” Ms Odhiambo told Mr Kimunya.

MPs Gitobu Imanyara (Imenti Central, CCU), Charles Kilonzo (Yatta, ODM-K), Ekwee Ethuro (Turkana Central, PNU), Boni Khalwale (Ikolomani, New Ford Kenya), Abdi Nuh (Bura) told the government that the National Assembly “will not take the blame” for the slow pace of implementing the new Constitution.

“They have to book full-page adverts in two daily papers, saying that the reason the Bills are not with the CIOC, is because, the Executive side has been asleep. If they have not been asleep, let them give reasons to Kenyans, so that we don’t get a bashing from the public,” said Dr Nuh.

They accused the Executive of working with anti-reform forces to sabotage the implementation process. Mr Imanyara added that the government was intent on “shortening the time, so that Kenyans do not get the time to see the content of the Bills”

“Does this government know that the (remaining) working days are about 10 after which it will be over and we’ll be forced to undertake constitutional amendments?” posed Ms Odhiambo. “We’re overstretched ourselves. We are tired of being blamed for laxity of other organs”.

Mr Kilonzo and Mr Ethuro were categorical that while Parliament was being asked to prepare to work extra hours, the government itself was not even working at optimal levels.

“This government should forget the business of this House sitting for extra hours,” said Mr Kilonzo, noting that Mr Kimunya’s proposal to shorten publication period and extend sitting hours will not work. Parliament sits on full day on Wednesday and on Tuesday and Thursday afternoons until six-thirty in the evening.

“It is the business of government to bring Bills at the appropriate time. They had to bring Bills earlier to allow for public participation. Even the content is being threatened by the reduction of time, is that the Constitution?” posed Mr Ethuro.

Mr Kimunya cut a lonely figure as he tried to justify why the House Business Committee had not given priority to the already-published Bills.  In a delivery punctuated with interruptions from angry backbenchers,  the Deputy Leader of Government Business appeared harassed for not scheduling the crucial Bills for debate, amendment and House approval.

“We cannot fast-track the process. We don’t want to shortchange the public and remove public participation,” said Mr Kimunya. “Until a Bill has been published, it will be futile to put it on the Order Paper.”

He told MPs not to “play politics” with the implementation process.

“There’s no delay by anyone aimed to frustrate anyone. As the Bills mature we’ll bring them to the House. Until we get a report from the committees, it will be difficult for us to progress.”

Earlier, Deputy Speaker Farah Maalim thwarted an attempt by an MP to alter the House timetable to fast-track the passage of constitutional Bills.

Mr Joseph Nkaissery, the assistant minister for Defence, had asked the House to drop all the questions by MPs and go ahead with debate and passage of two constitutional Bills. One of the Bills –the Political Parties Bill—was slated for amendments, while the National Gender and Equality Commission was scheduled for debate.

“You have not made a compelling argument as to why the questions or other business of the House should be done away with,” said the Deputy Speaker. Mr Nkaissery sits in the CIOC.