Race against time to effect law

• Magistrates and judges could be vetted during House recess if MPs agree on commission

MPs are brainstorming on ways to meet crucial deadlines in the implementation of the new Constitution given a heavily loaded schedule.

Among them is having a new Chief Justice, Attorney General and Auditor General in office as soon as possible and vetting of judges during the recess period.

Parliament needs to tackle a number of issues by the August 25 deadline leaving MPs with just about six months to conclude the business and beat the timeline.

The current Chief Justice is required to vacate office within six months bringing this to a deadline of January 27, 2011 following which a new CJ shall be appointed.

However, the Judicial Service Commission must be in place for this to happen.

Since Parliament goes on recess in December to resume in March, it means it must deal with the CJ’s position before it takes the break. Alternatively, it must resume earlier for the purpose of approval.

These are among issues being discussed at a two-day brainstorming session of MPs organised by Parliament at the Kenya Institute of Administration.

Justice minister Mutula Kilonzo said tackling the JSC issue before going on recess will allow for vetting of magistrates during the recess period and MPs would resume in March to find the process complete.

The present holders of the AG’s and Auditor General’s positions are required to vacate by August 26, 2011 but it is the view of MPs that they can vacate before this date, ‘even tomorrow if possible,’’ as stated by some.

The AG and the CJ are members of the JSC and according to Gichugu MP Martha Karua, Kenya cannot have a fresh start if the current office holders are retained, hence Parliament should make a decision on what should happen if they are the same persons who will be nominated for the same positions.

“We must remember the reasons we wanted a new Constitution, it was a new dawn we wanted, the question is if the President brings back the current AG and CJ, shall we have a fresh start?” posed Ms Martha Karua.

She said the country needs new faces in the two positions.