Ruto out of Cabinet law action team

The Cabinet on Tuesday took charge of the implementation of the new Constitution by forming a powerful team headed by the two principals to direct the process.

The three Cabinet ministers who campaigned against the new law were excluded from the 16-member team, to be led by President Kibaki and Prime Minister Raila Odinga.

Asked why the ‘No’ ministers were left out, a Cabinet minister who attended the meeting retorted; “They did not indicate their desire to sit in the committee or even protest at their exclusion.”

The Cabinet was divided during the referendum campaigns with ministers William Ruto, Samuel Poghisio and Naomi Shaban campaigning for the rejection of the draft.

But unlike in 2005 when President Kibaki sacked all the members of his Cabinet who had opposed the draft, this time the ministers were merely shuffled.

There has been, however, a strong feeling among their colleagues that the “No” ministers and MPs should not sit in committees which are charged with implementing the Constitution, since they opposed it in the first place.

The committee will fast-track the implementation at the Cabinet level and help prioritise the Bills by the House Business Committee.

“We felt that we needed a team that will sit frequently and follow up the implementation agenda,” said a minister who did not want to be identified because of Cabinet confidentiality.

Together with the President, and Mr Odinga, other members are Vice-President Kalonzo Musyoka, Deputy Prime Ministers Uhuru Kenyatta and Musalia Mudavadi and ministers Minister Mutula Kilonzo, Sally Kosgei and Beth Mugo.

Others are Mr Kiraitu Murungi, Prof Anyang’ Nyong’o, Ms Esther Murugi, Mrs Charity Ngilu, Mr James Orengo, Prof George Saitoti, Mr Moses Wetangula and Attorney General Amos Wako.

The Cabinet also agreed that the dates set out in the Constitution should be strictly adhered to. Because Cabinet meetings are held once a month, it was felt that another technical committee needed to be in place to oversee full implementation of the reforms, and adherence to the strict deadlines, a minister said.

This team will review the budget implications and to facilitate approval by the relevant committee of the Cabinet as part of the plan.

The committee will comprise the Head of Civil Service, Secretary to the Cabinet and PS in the Office of the President, PS office of the Prime Minister, PS Ministry of Finance, PS Ministry of Justice and the Solicitor General.

Lead ministries charged with initiating Bills were ordered to start work immediately. The ministers were taken through seven draft Bills that will help implement the new Constitution.

The Cabinet meeting, chaired by President Kibaki, also raised the number of MPs to sit on the Parliamentary implementation committee from 15 to 21.

Ministers who attended the meeting said they overruled the decision of Monday’s joint parliamentary group meeting limiting the number of MPs to sit on the Constitution Implementation Oversight Committee to 15 because they felt it was not “inclusive enough.”

The Cabinet endorsed the retention of Mandera East MP Abdikadir Mohammed and his Budalang’i counterpart Ababu Namwamba as chairman and deputy chairman of the committee respectively.

Justice Minister Mutula Kilonzo, who took his colleagues through the various processes in the implementation of the new Constitution, reported that his ministry had already drafted the seven Bills required to put the new law into force.

They include the Bill on the formation of the nine-member Commission for the Implementation of the Constitution, the Elections Bill, and the Bill that establishes the Judicial Service Commission, the Supreme Court Bill, the Bills to establish the independent boundaries commission and the new commission on human rights and equality, as well as the Bill to set up a new ethics and Anti-corruption commission.

One year to enact laws

National Assembly Speaker Kenneth Marende has already indicated that the parliamentary oversight committee shall be in place within 30 days of the promulgation of the new Constitution.

The new law specifies that the implementation commission be set up within 90 days of its promulgation. Its functions include monitoring and facilitating the development of legislation and administrative procedures required to implement the new Constitution.

Parliament has one year to enact election laws. The laws will guide the Independent Electoral and Boundaries Commission in creating electoral units for the National Assembly and county assemblies, nomination of candidates and the continuous registration of voters.

They will also govern the conduct of elections and referenda and the registration of Kenyans abroad to vote. The Judicial Service Commission will provide for the vetting of judges, set terms of service for judges and judicial officers.

It will also receive and investigate complaints against judicial officers and discipline or fire the guilty ones. It shall be chaired by the Chief Justice.

The drafting of some of the Bills well before the promulgation of the new Constitution underlines the urgency with which the government is moving to implement the new laws.

Mr Kilonzo had initially proposed an eight-member Cabinet sub committee comprising the two principals, the VP, Mr Mudavadi, Mr Kenyatta, himself, Mr Orengo and the AG.

But some ministers also demanded to be included, including Prof Nyong’o, Mr Murungi, Prof Saitoti and Mr Wetangula.

The PM also suggested the inclusion of Dr Kosgei given her status as the deputy leader of government business and Ms Mugo, Ms Ngilu and Ms Murugi.

On why the number was increased, one minister said they wanted the same number of MPs as those that sit on the House Business Committee.