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Wednesday, September 29, 2010

House speaker,Kenneth Marende , questions validity of bills

The speaker says parliament has
only 2 weeks to establish the oversight implementation committee when the 30 days
established under new law lapses, setting the ball rolling for the implementation of
the new constitution,however Marende expressed optimism that
parliament will beat the deadline to establish the relevant implementation committee.
National Assemby speaker Kenneth Marende has questioned the validity of the three Judicial bills generated by the cabinet saying he is yet to be appraised on their substance.

The bills would lay a legal framework for Vetting of Judges and Magistrates and establishing the Supreme Court.
The reservations expressed by the Speaker are similar to those made by Civil Society groups including the law society of Kenya who have accused Justice Minister Mutula Kilonzo of bypassing parliament in drafting the bills.
This development came even as the leader of government business Kalonzo Musyoka undertook to table the bills after due consultations. 
He said the bills should be drafted in consultation with all the stakeholders.
The speaker expressed his concerns against the backdrop of threats by the civil society to withdraw from the whole process.
Marende says parliament has only 2 weeks to establish the oversight implementation committee when the 30 days established under new law lapses, setting the ball rolling for the implementation of the new constitution.
However Marende expressed optimism that parliament will beat the deadline to establish the relevant implementation committee.  
The ministry of Justice has drafted the bills aimed at reforming the Judiciary and they be tabled in parliament any time.
Justice Minister Mutula has defended the move stating that his ministry is laying ground for the yet to be constituted Commission for the Implementation of the constitution.
Meanwhile, the civil society has written an open letter to parliament asking it to pass crucial bills that would pave way for the implementation of the new constitution.
The group claims that certain individuals in the Grand coalition Government plan to derail the implementation process.
Speaking at a press conference Tuesday in Nairobi, the Executive director of International Centre for Policy and Conflict (ICPC) Ndung'u Wainaina demanded establishment of the Commission for the Implementation of the Constitution before the bills are tabled, debated and passed by parliament.
Wainaina said the civil society will remain vigilant to ensure the constitution implementation process is not sabotaged. Parliament reconvened today after a three week break.
Elsewhere, the NGO council and kituo Cha Sheria are calling for the withdrawal of the Commission for the Implementation of the Constitution Bill 2010.
They claim that the bill drafted by the Justice Ministry does not grant the commission the necessary independence to operate. 
Addressing journalists in Nairobi, the chair of the revitalization Committee of NGO David Konchella accused the Justice ministry of disregarding consultations.
Konchella claimed that appointment process of the Commissioners in the bill compromises its independence.
He took issue with the requirement for the commissioners to report to the parliamentary Oversight Committee for the Constitution arguing that this contradicts the constitution.

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