Mutula, Wako turf war slows down reform

Turf wars between the Attorney-General and the Justice minister are slowing down the pace of reforms, a group of MPs charged on Sunday.

Some of them blamed the wrangling on the minister, Mr Mutula Kilonzo, whom they accused of encroaching on AG Amos Wako’s responsibilities.

The rows come amid fears that two crucial commissions on the implementation of the Constitution may not be set up on time due to the differences.

The latest clash between Mr Kilonzo and Mr Wako was over the list of 80 new constituencies proposed by the Interim Independent Boundaries Review Commission headed by Mr Andrew Ligale.

While Mr Wako advised that the list be gazetted, Mr Kilonzo dismissed it saying the Ligale team should hand over the list to Parliament and disband.

The list has not been gazetted after some groups went to court and obtained orders against it saying the subdivision was unfair.

On Sunday, MPs John Mututho (Naivasha), Boni Khalwale (Ikolomani), Jeremiah Kioni (Ndaragwa) and Kiema Kilonzo (Mutito) warned that the differences were hampering the pace of implementing the new Constitution.

Dr Khalwale and Mr Kiema demanded that the two members of the Cabinet stop wrangling and concentrate on spearheading reforms.

“The problem is that none of them wants to be subordinate to the other and this is really slowing down the reform agenda in this country,” said the Mutito MP.

But Dr Khalwale blamed the Justice minister for the impasse and asked him to stop “encroaching” on the AG’s mandate.

“We are telling Mutula to desist from pretending that he is the government’s legal advisor. The government’s legal advisor is one Amos Wako,” he said.

“I once brought a motion in Parliament to stop Mutula from purporting to table various Bills for the implementation of the new Constitution because that is a function of the AG and the implementation committee.

“Just like I stopped him then, I want to tell Kenyans that Mutula must be stopped. He is serving as the voice of the forces who are against reforms in the country.”

The MPs spoke as the Public Service Commission worked throughout the weekend interviewing candidates shortlisted for the positions of chairperson and commissioners to the Commission for the Implementation of the Constitution (COIC).

PSC is also running late in conducting interviews for those shortlisted for positions on another critical body, the Commission for Revenue Allocation.

According to the strict timelines set in the new Constitution, COIC should be in place by Saturday, November 27 while that of Revenue Allocation must be in place by Thursday, November 25.

COIC is the body which will spearhead and coordinate the entire implementation of the new Constitution. It has a five year mandate.

The Commission for Revenue Allocation will oversee the equitable sharing of revenue raised by the national government between the national and county governments and among the county governments.

“It is apparent that these differences are going to affect the implementation of the new Constitution. I’m very certain that we will not have the implementation commission by November 27 because of this rifts,” warned Mr Mututho.

“I’m very impressed with the quality of nominees who were shortlisted for the positions on the commission so we have a very rich menu to pick from but these differences may see us failing to beat the deadline,” he added.

Mr Kilonzo’s ministry has also been accused of hijacking the mandate of the AG’s office and the Law Reform Commission by originating the various Bills required to implement the new Constitution.

But Mr Kilonzo downplayed the fears, saying the only delay in the formation of the two bodies could be as a result of Parliament failing to approve some of the persons picked to sit on the two commissions.

“It is not an option and thank God, all systems are on full blast. If problems arise, it will be in parliamentary approval,” he stated.

Mr Kilonzo said both President Kibaki and Prime Minister Raila Odinga were determined to have the commissions set up within the timelines set out in the new Constitution. “The principals are on the run and on the ball,” he added.

He denied the reports that he was at loggerheads with the AG, even though maintaining that Mr Wako erred in approving the list of the new constituencies. “We work well together but we are not clones,” the minister told Nation.