Mudavadi: Protect the Senate and devolution

Amani National Congress leader Musalia Mudavadi has outlined six provisions in the Building Bridges Initiative report that need more consultations “before it can be fully accepted”.

In the spirit of inclusivity, Mr Mudavadi urged President Kenyatta to open a window for consensus building “in the form of a Constituent Assembly”.

In his submissions at the Bomas of Kenya, he expressed reservations on the legislature, judiciary, executive, constitutional commissions, division of revenue and revenue allocation and the economy.

On the legislature, Mr Mudavadi stated that the Senate as the custodian of devolution required to be strengthened so as to protect and safeguard devolution.

“This has not been met by the proposed amendments in Articles 98, 218 and 218A,” said Mr Mudavadi.

“On the judiciary, its independence is crucial. The proposed amendment in Article 172(A) to introduce the position of The Office of the Judiciary Ombudsman and his functions do not advance the independence of the Judiciary,” he added.

As ANC Party, “as demanded by International Best Practice and by submissions made by other critical stake holders in this arena, the holder of this office should be appointed by the Chief Justice,” he said.

Public participation

Mr Mudavadi also pointed out that the elimination of public participation through Article 152 and 155 in the vetting of appointees by the National Assembly to the Executive violates the principles of sovereignty of the people and destroys the democratic principles of checks and balances.

On the independent constitutional commissions, he pointed out that the proposed amendments affecting Article 230 to remove the power of statutory bodies and other stake holders, including COTU and FKE, to nominate membership to the

Salaries and Remuneration Commission (SRC) and replacing with Executive appointees “defeats the very objective of inclusivity and Best International Labour Organisation practices (ILO).”

“These provisions deny employees and employers the power of collective bargaining agreements (CBA). SRCs role was advisory but now it gets power to determine salaries. Is this what free market economy requires?” he posed.

His sentiments were also echoed by Cotu Secretary General Francis Atwoli and Kuppet Secretary General Akello Misori.

“Are we a free market economy or not? ANC Party finds this unacceptable. This is an affront to the Bill of Rights as enshrined in Article 41,” Mr Mudavadi noted.

On the National Police Service Commission, Mr Mudavadi said that by removing the Commission and replacing it with the proposed National Police Council, under Article 246, denies civilian representation in the proposed new council.

 “ANC Party finds this a claw back to the Constitution and inclusivity.”

Revenue allocation

Mr Mudavadi also faulted the proposed amendment of Article 218 division of revenue and revenue allocation.

“The amendment takes division of revenue away from the Senate yet the core function of the Senate is to protect Devolution. ANC finds that the position of the Senate has been severely weakened,” he added.

He pointed out that on the country’s economy, the proposals introducing Article 11A do not clearly state the economic system but merely prescribe the characters which it ought to contain.

“The Constitution of Kenya does not provide what economic system Kenya should have. ANC finds that, the amendments ought to clearly define which economical system Kenya should have - a free market economy or a controlled economy.”

“Whichever economic system, the Constitution in Article 211 and 214 prescribes provisions of borrowing of the government and public debt. ANC has consistently demanded prudent management of public debt. The proposed amendments are silent on management of public debt. Mr. President, you have been a Minister for Finance, I have also been a Minister for Finance. How do we deal with this crisis? These amendments do not provide anything regarding the unemployment levels and the increasing poverty. It is tragic!”