Kenya’s newly emboldened
imperial parliament is up to some mischief. MPs rejected nominees to two crucial commissions created by the country’s new constitution: the Revenues Allocation Commission and the Commission for the Implementation of the New Constitution. The MPs rejected the nominees to the two commissions in response to a court decision that ordered the boundaries commission not to gazette newly created parliamentary constituencies. Their mischievous excuse was that the commissions lacked regional balance.
Pols from central Kenya went to court challenging how the redistricting was done. Many of them thought that the boundaries commission favored ODM, the Premier’s party. MPs from the western half of the country, the northeast and the coastal region seem to be OK with the list. I still do not understand how in the world anyone thought that redistricting of constituencies would be apolitical. [Despite the existence of a formula in the constitution].
I am always amazed by the naivete and lack of strategy among Kenyan politicians who seem to think that public officials always have the best of intentions – never mind the fact that the country is one of the most corrupt in the world. Given the outcome, Mr. Ligale and his commissioners must have been in the pockets of ODM. The losers should learn from this and in the future design more airtight systems that assume the worst of public officials. No country has ever succeeded whose institutions depended on human goodwill.
As a result, a crucial deadline has been missed in the implementation of the new constitution and any Kenyan can go to court demanding the dissolution of parliament.
Lawyers, however, refute the notion that Kenya is in a constitutional crisis. There are ways around the matter. Firstly, the MPs can amend the constitution to give themselves more time. Secondly, the judiciary can give the boundaries commission a new lease of life and extend its mandate until the job is done. Lastly, and perhaps most plausibly, the President and his Premier can arrive at a political solution to the problem and allow the process of implementing the new constitution to move on.
And in other news, Kenya’s Prime Minister Raila Odinga has very bad advisers. Asking that gays be arrested is so 16th century. In any case the last thing we want to do is waste critical police man hours policing private morality while criminal gangs continue to make the lives of many Kenyans a living hell. Mr. Odinga should know better.