NAIROBI, Kenya Nov 17 – A commissioner at the Interim Independent Boundaries Review Commission has distanced himself from the intended gazettement of its report on the 80 new constituencies.
Commissioner Mwenda Makathimo claimed the Commission did not have the capacity to publish the new constituencies since their task was limited to making recommendations to the National Assembly.
He said the report forwarded to Parliament also lacked the complete and intricate details of boundaries to be published.
“From the beginning, it does not cite the actual section of the Constitution that gives powers of gazettement so it lacks in legal authority and the content inside lacks in the boundaries details since it just gives names,” he stated.
“These surprises were sprung on us by the chairman himself just last week.”
He accused IIBRC chairman Andrew Ligale of acting in breach of the law.
“This morning I got a notice for a meeting that was held yesterday. My assistants were in the office the entire day yesterday and they camped at the office of the chairman and his secretary asking for any agenda or notices for any meeting and they were told that there are none,” he stated.
“They went to my office and found nothing but this morning (Tuesday), somebody mischievously placed a notice for a meeting of yesterday (Monday),” he pointed out.
On Tuesday, the High Court blocked the intended gazettement of 80 new constituencies.
The ruling was issued by Justice Jean Gacheche after a Nairobi businessman moved to court alleging irregularities.
The order will remain in force until December 2, when the matter will come up for hearing with all parties sued who include chairman Andrew Ligale, commissioners Rozah Buyu, Irene Masit and the Attorney General are expected to be present.
Businessman John Kimanthi claims that the commission lacks the legal mandate to publish the new constituencies, since their task is limited to making recommendations to the National Assembly, which in its wisdom can agree with or make amendments to the proposals.
Mr Kimanthi is also challenging the commission\’s findings claiming that three of its commissioners led by Chairman Andrew Ligale acted in breach of the law since they were contestants for political office or had been actively engaged in the management of political parties.
The decision by the High Court to block the gazettement of the new constituencies elicited mixed reaction among Members of Parliament.
A section of MPs from Central Rift and North Eastern provinces have now threatened to take a Motion to Parliament to disband the commission in a bid to render its work null and void.
MPs David Nugget (Kinangop), Erastus Mureithi (Ol Kalau), Njoroge Baiya (Githunguri) and David Njuguna (Lari) claimed the Ligale led commission had lost the confidence of Kenyans following the circulation of a leaked report.
"They have shown they have no integrity. They can’t do their job according to the mandate they were told, it is really not rocket science," said Mr Ngugi.
Northern Kenya MPs led by Nominated MP Mohammed Affey on their part said they felt short-changed by the recommendations of the Commission.
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