Marende warns of snap poll over boundaries row

The Speaker of the National Assembly Kenneth Marende has warned MPs that failure to resolve the row over the 80 new constituencies could force the country into early elections.

Addressing MPs at the start of a one day retreat aimed at breaking the impasse over the boundaries row at the Kenya Institute of Administration, Nairobi Monday, Mr Marende said the talks were make or break.

“Have no illusions, we are all in one boat, the President, the Prime Minister, ministers, members of parliament and all Kenyans. We must destine to stand together by the only choice.”

The Speaker also warned that the standoff was affecting Parliament’s efforts to approve nominees to bodies critical to the implementation of the new Constitution.

“Pending before Parliament is the establishment of the Commission for the Implementation of the Constitution and the Commission on Revenue Allocation. Both Commissions are critical to the process of implementation of the constitution and consequently the urgent attention of Parliament is required in ensuring that they are constituted at the earliest,” the Speaker said.

The chairman of the parliamentary Constitutional Implementation Oversight Committee (CIOC) Abdikadir Mohammed told the MPs that it was now upon them to unlock the impasse or risk a constitutional crisis.

“Over the last two weeks nothing substantial has gone on in the House. The steam of implementation is no longer calm…it is muddy and in turmoil,” Mr Abdikadir told the MPs.

Mr Marende, Mr Abdikadir and the chairman of parliament’s departmental committee on administration of justice and legal affairs Ababu Namwamba called on MPs to exercise sobriety and set aside their personal differences and do what is good for the country.

"This is the opportunity to put all the cards on the table, the good ones, the safe one and the dangerous ones,” Mr Namwamba said.

He warned that MPs risked earning the wrath of Kenyans by failing to unlock the constituency boundaries row.

“Fortunately for this country, Parliament can no longer hold Kenyans to ransom because the new Constitution liberates them from forms of tyranny, executive tyranny, parliamentary tyranny and even judicial tyranny,” the Budalang'i MP said.

The Speaker, on his part, observed that the retreat held the key to the smooth implementation of the new Constitution, and the in effect the country’s future.

“Allow me to observe that although the new Constitution has been in force for just over three months the effects of the implementation of the new constitutional dispensation are already visible and palpable to Kenyans at large. In my view, this retreat is critical to the future of implementation of the constitution and in effect the future of our country,” he said.

“I urge you to ensure that the decisions taken are such as will ensure a continued and uninterrupted implementation process. This way the hopes and aspirations that our people have placed in the implementation of the constitution will be realised."

Mr Abdikadir warned MPs about amending the constitution to extend the term of the Interim Independent Boundaries Review Commission chaired by former Vihiga MP Andrew Ligale to enable it fulfil its mandate in relation to the creation of new constituencies.

The term of the Ligale Commission lapsed on November 27, exactly three months after the new constitution was promulgated.

“It is my prayer that we will not have to go back to amend the constitution at this stage. This therefore calls for complete trust to unlock the political and legal hurdles,” he said.

He suggested that the retreat first addresses the political obstacles that stand in the way of resolving the crisis as this would make it easy to deal with the legal issues.

Amending the constitution to extend the life of the Ligale Commission is one of the proposals forwarded to the parliamentary committee on legal affairs towards resolving the crisis.

MPs who favour this proposal argue that the extension will give IIBRC adequate time to complete its mandate of creating new electoral boundaries.

But opponents of this proposal are adamant that the Ligale team hands over all its report to the yet-to-be established Independent Electoral and Boundaries Commission to take over the process.

Another proposal under consideration is for Parliament uses its power to adopt the report by the Ligale Commission, which will in effect legalise the new constituencies.

Conspicuously missing at the retreat attended by over 100 MPs were President Kibaki, PM Raila Odinga and Vice President Kalonzo Musyoka.

The PM is out of the country on official duties.

The cabinet last week suggested that a political solution be found to the crisis and directed its sub-committee on constitution matters to work with the parliamentary legal affairs committee towards resolving the issue.