28 pending Bills in jeopardy as National Assembly fails to extend CIC mandate
CIC Chairman Charles Nyachae. Failure to extend the mandate of his commission could jeopardise 28 Bills which are still pending in the National Assembly which is now on recess. PHOTO | ROBERT NGUGI | NATION MEDIA GROUP
What you need to know:
- The National Assembly must be recalled for a special session to extend its tenure.
- MPs had moved the deadline for passing the Bills by 12 months, from August 27 to the same date next year.
- The proposed laws are at various stages and normally, CIC’s input is required before they can be passed.
- When they denied CIC more time, CIOC members said the commission’s work could be done by other offices including the Kenya Law Reform Commission.
Senators say there may be a constitutional crisis if the term of the Commission on Implementation of the Constitution (CIC) is not extended.
Several key Bills may be lost if CIC, headed by Mr Charles Nyachae, goes home next Thursday when its mandate expires, they said.
The Constitution expected CIC to oversee the drafting and passage of all proposed laws required to ensure the supreme law is fully implemented.
Yet there are no indications CIC’s mandate will be renewed. The National Assembly must be recalled for a special session to extend its tenure.
In a report, the Constitutional Implementation Oversight Committee led by Githunguri MP Njoroge Baiya recommended that CIC’s term should not be extended. MPs did not debate the report before going on the December recess.
The Senate took a contrary position when it called for the extension of CIC’s term.
CIC INPUT REQUIRED
Makueni Senator Mutula Kilonzo Jr said the country is getting into a constitutional quagmire because of failure to give the commission more time to complete its work.
“CIC is going to die a natural death. We expected the two speakers to meet before going on recess and form a mediation team to reconcile the reports of the two Houses on the fate of the commission. That did not happen. We are facing a constitutional quagmire. The commission has been an independent watchdog over the Bills that come to the House. When there is no such body, you expect there will be a challenge,” he told the Nation.
MPs had moved the deadline for passing the Bills by 12 months, from August 27 to the same date next year.
The proposed laws are at various stages and normally, CIC’s input is required before they can be passed.
Some of the Bills that may be jeopardised are the Minimum and Maximum Land Holding Acreage Bill, Investigation and Historical Land Injustices Bill, Two-Thirds Gender Principle Bill, Representation of Marginalised Groups Bill and the Access to information Bill.
“We had recommended that the commission be given an extension and this was adopted by the House. But if the other House has not considered it, then CIC will have to wrap up. The law is silent on what happens after CIC goes home,” said Nominated Senator Fatuma Dullo.
