MPs overstepped their mandate (Letters from Nairobi)

KiN Debates

Eric Ngumbi writes:
Section 32 of the Constitution of Kenya Review Act 2008 provides that, the Committee of Experts shall "within 21 days of the expiry of the 30 days for public debating on the draft, present the draft Constitution and the report to the PSC for deliberation and consensus building on the contentious issues on the basis of the recommendations of the Committee of Experts"
Pursuant to the above section, PSC concluded its deliberations and handed back its report to the CoE. While the job they did is commendable, its move to delve into issues that were non-contentious and outside its mandate was illegal.

An example is the expunging of the Ethics and Anti-Corruption Commission from the Draft Constitution.

The justification for the entrenchment of this anti-graft body into the supreme law of the land cannot be overemphasised. It is in the public domain that Constitutional constrains having been one of the greatest challenges facing the anti-corruption war.

It is on this basis that the anti-corruption commission was entrenched into the draft.
The chapter on leadership and integrity, which establishes the anti-corruption commission, has never been contentious to warrant the MPs deliberation and purported consensus.

On what basis did the PSC delete it? In its report to the CoE, PSC said, "...the Committee deleted Article 95 relating to the establishment of Ethics and Anti-Corruption Commission in this Section since it is provided by an Act of Parliament." Was this reason enough to expunge the body from the Constitution?

Are other commissions like the Kenya National Commission on Human Rights entrenched into the Constitution not also provided for by Acts of Parliament?

It is in public interest that the anti-corruption Commission be entrenched in the Constitution. The CoE should therefore reject PSC’s proposals touching on issues outside its mandate .


And Phillip Orwa writes:

It was wrong to include the four presidential hopefuls in the Parliamentary Select Committee (PSC) that was deliberating constitutional matters in Naivasha.

Deputy Prime Ministers Uhuru Kenyatta and Musalia Mudavadi, Minister William Ruto and Martha Karua have expressed interest to run for the top seat in 2012 and I doubt they would make a constitution that does not favour them.

The number of MPs at the PSC was 21. The four means 19 per cent of the members had conflict of interest in the deliberations.

That is why they watered down the CoE’s proposals that there be two centres of power. They removed the Prime Minister’s position because they seem convinced they might ascend to power and would never wish to share it with anyone.

The issue of devolution was well put, but that there are going to be additional 80 constituencies is worrying. If it were my wish, no MP should sit on a select committee but a people’s committee incooperating all Kenyans’.

MPs have interest in this constitution making and given the chance, may alter everything in their favour.

Kenyans have cried foul that a powerful president without checks and balances is unpopular since he wields so much power and cannot be questioned. Kenyans do not want a presidential system.

KiN Debates