MPs worried over slack law implementation

June 6, 2012 3:34 pm


He says the two Bills are way behind schedule as they ought to have been enacted by February 27 this year/FILE
NAIROBI, Kenya, Jun 6 – The Commission on the Implementation of the Constitution (CIOC) is increasingly concerned at the slow pace of implementing the new law.

CIOC Chairman Abdikadir Mohammed said an informal meeting will be held in Parliament next Tuesday to achieve the two-third majority threshold required to extend time to allow for the lawful passage of the Public Financial Management Bill and the County Governments Bill.

He says the two Bills are way behind schedule as they ought to have been enacted by February 27 this year.

“As a committee we feel we are not doing very well in the implementation process. This week and next week do not expect a single Bill on implementation. Five Bills ought to be enacted by August 27 yet none is so far cleared by Parliament,” he said.

“The committee feels that we have to take action now to be able to correct that position; we have already met the House Business Committee and the Speaker to facilitate the Kamukunji on Tuesday so that by Wednesday we get the number required to extend the time,” added the chairman.

Mohammed accused the government of failing to whip support for the extension of time, despite having up to 100 members, including ministers and their assistants.

“Both these Bills require at least 148 MPs to pass, and this has not been possible before because the Executive has not done its bit to push through the motion and by implication those Bills,” he explained.

Legislation which ought to be enacted within two years of the promulgation and which still haven’t made it to Parliament include legislation on leadership and integrity, on the right to petition parliament, legislation on the assumption of office of the president.

Four Commissions have also not been set up due to the delay in the passage of the enabling legislation except for law providing for the formation of the National Police Service Commission.

The four are the National Land Commission, the Teachers Service Commission (TSC), the Public Service Commission (PSC), and the National Police Service Commission.

Legislation providing for the respective formation of the Teachers Service Commission and the Public Service Commission underwent the first reading only on Tuesday.

In May, Parliament’s Committee on Administration and National Security rejected the names of the persons nominated as members of the National Police Service Commission, saying that the president violated the constitution by failing to consult Prime Minister Raila Odinga.
Mohammed has expressed fears that the implementation process may suffer even more because of the existing electioneering mood in the country.

“As we go closer to the elections it is going to be more difficult to give the implementation process the top banner but we intend to move with speed so that we clear with these matters. This weekend while MPs are at the Coast we will use every avenue to sensitise members so that we are focused back on implementation,” he insisted.

In February, Parliament voted to extend the February 27 deadline to pass key land reforms Bills by a further 60 days.
One hundred and fifty MPs approved the extension that allowed them more time to enact the National Land Commission Bill, the Land Bill and the Land Registration Bill.


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