KENYAN MPS SET TO CLASH WITH THE EXECUTIVE

DAILY NATION
By DAVE OPIYO
March 19 2009

"Muthaura accuses Parliament of assuming more powers than it has"
Parliament and the Executive on Thursday appeared to be on a collision course when the House was accused of usurping powers.

Kenya’s top civil servant, Mr Francis Muthaura, launched a scathing attack on the House accusing, it of “undertaking duties which in a democracy would have been a preserve of the Executive”. He cited the appointment of an interim electoral body and the budget-making process as some of the roles Parliament has usurped or attempted to.

Parliament, through a select committee headed by Mandera Central MP Mr Abdikadir Mohammed, appointed the Committee of Experts to jump-start the constitutional review process. The committee is expected to meet next Tuesday to nominate members of the Interim Independent Electoral Commission and if approved, the names will be sent to the President for appointment.

The committee is also expected to select members of the Interim Boundaries Review Commission and the Interim Dispute Resolutions Court.

Mr Muthaura, in a speech read on his behalf by Internal Security PS Francis Kimemia said that in real democracies, the Executive proposes names and Parliament vets, confirms or endorses. “This is to ensure that the independence, professionalism and integrity of those appointed are not compromised by any horse trading that a parliamentary committee may be exposed to,” Mr Muthaura said in Nairobi on Thursday.

Ran into trouble

The nomination of Mr Cecil Miller to head the Interim Independent Electoral Commission, for instance, ran into trouble in Parliament because of his association with Garsen MP Danson Mungatana, who is a member of the select committee.

Mr Muthaura also criticised Parliament’s attempt to become part of the budget-making process. And, in apparent reference to MPs’ refusal to pay tax, Mr Muthaura proposed that no public entity should determine its own salaries and emoluments.

President Kibaki recently rejected the Fiscal Management Bill which would have given MPs some say in preparing the Budget, a radical departure from the colonial system that made the task a preserve of the Treasury.

However, the chairman of the Fiscal Analysis and Appropriation Committee, Mr Martin Ogindo scoffed at Mr Muthaura’s remarks. “All we want is to make the budget-making process as transparent and accountable as possible,” he said.
He said the country’s budget-making process was rated lowly internationally because it was not transparent.

Nominated MP George Nyamweya (PNU) agreed with Mr Muthaura, saying Parliament should not appoint and at the same time vet the elections body.

ODM Chief Whip Jakoyo Midiwo also agreed asking: “How can Parliament appoint and vet? Parliament should only vet,” he said.