mzalendo :: Eye On Kenyan Parliament

• Legislative Agenda for the 10th Parliament

  Posted: March 8, 2008, 9:47 pm by admin

  BY MZALENDO REPORTER

  President Kibaki on Thursday March 6, 2008 opened the second session of the tenth Parliament and set a crowded though ambitious agenda for Parliament in the next 5 years. This includes over 20 Bills and a raft of Sessional Papers. Four of the Bills, according to the President, must be accorded top priority by the Coalition government and the whole House in general.

  The top priority Bills are:
  1) the National Accord and Reconciliation Bill
  2) the Constitution of Kenya (Amendment) Bill
  3) the Establishment of Truth, Justice, and Reconciliation Commission Bill
  4) the Establishment of the Ethnic Relations Commission of Kenya Bill.

  The National Accord and Reconciliation Bill, perhaps the most urgent, is aimed at putting into legislation the power sharing deal signed by President Kibaki and ODM leader Raila Odinga after one month’s mediation talks chaired by former United Nations chief Kofi Annan. The Bill seeks to create the position of Prime Minister, and two deputy prime ministers. It also seeks to transfer the roles of the head of government from the President to the Prime Minister leaving the president as the head of State. It will also provide clear roles of the new posts as well as criteria of appointing and dismissing the prime minister and the deputies.

  The Constitution of Kenya (Amendment) Bill is aimed at giving Kenyans a new constitution, which has been elusive for over 15 years. PNU and ODM agreed that there will be five stages in the review of the Constitution, in and outside Parliament, culminating to a referendum.

  The Truth, Justice, and Reconciliation Commission Bill seeks to create a special commission mandated to inquire into human rights violations, including those committed by the state, groups, or individuals. This includes but is not limited to politically motivated violence, assassinations, community displacements, settlements, and evictions. The Commission will also inquire into major economic crimes, in particular grand corruption, historical land injustices, and the illegal or irregular acquisition of land, especially as these relate to conflict or violence. Other historical injustices shall also be investigated. The Commission will inquire into such events which took place between December 12, 1963 and February 28, 2008.

  The Ethnic Relations Commission of Kenya Bill on the other hand seeks to establish another commission with the mandate of probing how various communities have related to each others and causes of conflicts amongst them.

  According to President Kibaki, the government is focused on improving market performance of several key commodities. The government has proposed amending the Coffee Act 2001 to provide for direct sales of coffee and to amend the Sugar Act 2001 to restructure the sugar industry. It also plans to introduce bills and Sessional papers covering the dairy, poultry and fishing industries, among others. To boost the tourism industry, the government will be tabling three bills; the Environmental Impact Assessment Regulations Guidelines, the Tourism Bill and the Wildlife Bill.

  The government also plans to table a Sessional Paper on Cooperative Development Policy and a bill on Savings and Credit Cooperatives. These are aimed at giving an impetus to the role played by cooperatives in the production and marketing of produce as well as mobilizing savings and providing credit to the majority of Kenyans. The government will also introduce legislation that will regulate the role of non-public entities such as civil society and international education providers as well as propose the establishment of a Technical Industrial Vocation and Entrepreneurial Training Authority. This is inline with implementation of the free primary and free secondary education programmes, which according to the President, require legislation to entrench the reforms in the entire education sector within the country’s laws.

  Entrenching a culture of science, technology and innovation in the society and boosting the country’s dream of Vision 2030 is also in focus. In this relation, the government will introduce a National Policy for Science, Technology and Innovation. It has also proposed a bill to upgrade the National Council of Science and Technology to the National Commission of Science and Technology. On the way as well is a bill that will lead to the creation of the National Science Foundation and National Innovation Agency. To deal with poverty and inequitable development, the government plans to table a Sessional Paper on Cooperative Development Policy and a bill on Savings and Credit Cooperatives.

  In the health sector, the Government has proposed to review the Public Health Act so as to consolidate 23 different Public health laws into a single Act of Parliament. It plans to table policy papers on Health Care Financing, Health Services Commission and Decentralised Funding of Health Facilities. With regard to the youth, the government has proposed amendments to the Armed Forces Act to enable youth trained under the National Youth Service be absorbed in the armed forces. It will also table a bill to provide for the creation of a National Youth Council. Further, the Government will re-table the Sessional Paper on Employment Policy for discussion in the House on the urgent and critical matter of providing enough jobs for young people. With regard to the protection of the family and children, the government has proposed amendments to the Children’s Act 2001 for better implementation. The government also plans to introduce the Information Communication Technology Bill as a regulatory framework for broadcasting, electronic transactions and cyber crime.

  In the water sector, the government will table the National Water Harvesting and Storage Policy to facilitate harnessing and storage of recurrent floodwaters as well as the National Shared Water Resources Policy to promote equitable development of water resources nationally. Government plans also to introduce a policy on the registration of contractors as well as the creation of a national construction company to build capacity among local contractors. It will also introduce legislation touching on the Protection of Road Reserves, Registration of Engineers and Architects as well as Quantity Surveyors.

  With regard to local authorities, the government plans to bring to the House new amendments to the Local Government Act to enable the direct election of mayors and county council chairmen.
  According to President Kibaki, this particular reform is long overdue and this Parliament should deliberate on it as a matter of priority. To ensure proper planning and development of urban areas as well as the proper enforcement of laws and by-laws for regulation of urban development, the government plans to table proposals to set up a National Urban and Metropolitan Areas Authority.

  To promote the development of affordable housing the government will present the Housing Bill and a Landlord and Tenant Bill. The government also plans to table the Organised Crimes Bill to contain the emergence of organized gangs and militias which bode ill for our society. It also plans to table the Anti-money Laundering Bill as well as introduce amendments to the Chief’s Act and Firearms Act.

• Text of the National Accord and Reconciliation Act

  Posted: March 8, 2008, 9:06 pm by admin

  Preamble:
  There is a crisis in this country. The Parties have come together in recognition of this crisis, and agree that a political solution is required. Given the disputed elections and the divisions in the Parliament and the country, neither side is able to govern without the other. There needs to be real power sharing to move the country forward.
  A coalition must be a partnership with commitment on both sides to govern together and push through a reform agenda for the benefit of all Kenyans.

  Description of the Act:
  An Act of Parliament to provide for the settlement of the disputes arising from the presidential elections of 2007, formation of a Coalition Government and Establishment of the Offices of Prime Minister, Deputy Prime Ministers and Ministers of the Government of Kenya, their functions and various matters connected with and incidental to the foregoing.
  1. This Act may be cited as the National Accord and Reconciliation Act 2008.
  2. This Act shall come into force upon its publication in the Kenya Gazette which shall not be later than 14 days from the date of Assent.
  3. (l) There shall be a Prime Minister of the Government of Kenya and two Deputy Prime Ministers who shall be appointed by the President in accordance with this section.

  (2) The person to be appointed as Prime Minister shall be an elected member of the National Assembly who is the parliamentary leader of –
  (a) the political party that has the largest number of members in the National Assembly; or
  (b) a coalition of political parties in the event that the leader of the political party that has the largest number of members of the National Assembly does not command the majority in the National Assembly.

  (3) Each member of the coalition shall nominate one person from the elected members of the National Assembly to be appointed a Deputy Prime Minister.

  4.(1) The Prime Minister:
  a) shall have authority to coordinate and supervise the execution of the functions and affairs of the Government of Kenya including those of Ministries;
  b) may assign any of the coordination responsibilities of his office to the Deputy Prime Ministers, as well as one of them to deputise for him;
  c) shall perform such other duties as may be assigned to him by the President or under any written law.
  (2) In the formation of the coalition government, the persons to be appointed as Ministers and Assistant Ministers from the political parties that are partners in the coalition other than the President’s party, shall be nominated by the parliamentary leader of the party in the coalition. Thereafter there shall be full consultation with the president on the appointment of all Ministers. (3) The composition of the coalition government shall at all times reflect the relative parliamentary strengths of the respective parties and shall at all times take into account the principle of portfolio balance.

  (4) The office of the Prime Minister and Deputy Prime Minister shall become vacant only if -
  (a) the holder of the office, resigns or ceases to be a member of the National Assemb1y otherwise than by reason of the dissolution of Parliament; or
  (b) the National Assembly passes a resolution Which is supported by a majority of all the members of the National Assembly excluding the ex-officio members and of which not less than seven days notice has been given declaring that the National Assemb1y has no confidence in the Prime Minister Or Deputy Prime Minister, as the case may he; or
  (c) the coalition is dissolved.

  (5) The removal of any Minister nominated by a parliamentary party of the coalition shall he made only after prior consultation and concurrence in writing with the leader of that party. 5. The Cabinet shall consist of the President, the Vice- President, the Prime Minister, the two Deputy Prime Ministers and the other Ministers.

  6. The coalition shall stand dissolved if:

  (a) the Tenth Parliament is dissolved; or
  (b) the coalition parties agree in writing; or
  (c) one coalition partner withdraws from the coalition by a resolution of the highest decision-making organ of that party in writing.

  7. The prime minister and deputy prime ministers shall be entitled to such salaries, allowances, benefits, privileges and emoluments as may he approved by Parliament from time to time.

  8. This Act shall cease to apply upon dissolution of the tenth Parliament, if the coalition is dissolved, or a new constitution is enacted, Whichever is earlier.

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