Ministers urge MPs to back Implementation Bill

Three ministers led the government’s bid to woo MPs to support a Bill seeking to set up a commission to implement the new Constitution Wednesday.

Justice minister Mutula Kilonzo moved the debate (Second Reading) on the Commission for the Implementation of the Constitution Bill, 2010.

Mr Kilonzo told MPs that if they granted the Bill their approval, it will be similar to “saying ‘yes’ a second time” to the implementation process.

He asked MPs to ensure that they move fast and approve the Bill, set up the commission and ensure that they remain on schedule in rolling out the laws.

The minister noted that all the other Bills have to be endorsed by the commission, and thus, its formation had to be fast-tracked.

Lands minister James Orengo seconded the motion saying the “final” outlook under the new dispensation will depend on how Parliament sets up the commission.

“We’re creating a new Constitutional order in which every decision made by the Executive will be interrogated by Parliament,” said Mr Orengo.

“The spirit is that this commission should go beyond the call of duty to make sure the process of implementation has no impediments.”

He added: “The tradition of this country, whenever  we’ve been facing what felt like insurmountable challenges, is that people come together to lift the country up.”

The minister, a lawyer, called for a shift in the way “people approach issues” saying Kenyans ought not be stuck in a “time-warp” of tribalism and nepotism.

“We may have the best laws in the land, but if in the name of regionalism we don’t put our best foot forward, then the people who’ve fought for this Constitution will turn in their graves,” said Mr Orengo.

He called for “eternal vigilance” to ensure that even in the implementation process there is a “reality check”.

On his part, Internal Security minister George Saitoti said the push and pull over the membership of the oversight committee had put doubts in the public over Parliament’s commitment on the matter.

“I have no doubt that this particular Bill will boost the public confidence as to our commitment to implementing the new law,” Prof Saitoti said.

“We’ll do nothing to compromise the confidence and admiration that we have across the world.

“Nothing is going to give more meaning to the new Constitution than the Bills that we are supposed to implement.”

The stand-in committee chair of the Justice and Legal Affairs Committee, Ms Millie Odhiambo, also added her voice to the debate saying the clause barring commissioners from vying for elective offices within five years of concluding their mandate was “unconstitutional”.

She added that the Bill should cross reference chapter six of the new Constitution, on Leadership and Integrity, to ensure ‘clean’ people were appointed to the team.

Mr John Mbadi (Gwassi, ODM) said the Bill is “deficient in the process of shortlisting the candidates”.

“The biggest problem has not been with coming up with a procedure of getting people; it has been getting suitable people,” said Mr Mbadi.

The House committee on Justice and Legal Affairs is going through the Bill and is expected to present a raft of amendments next week.

The Bill comes up for Third Reading next week.

The commission has to be up and running by November 27, according to the law.