AG expected to initiate NCIC term extension bid

ADVISER: Attorney General Githu Muigai addresses participants during the Federation of Kenya Employers annual general meeting in a Nairobi hotel on April 17.Photo/HEZRON NJOROGE
ADVISER: Attorney General Githu Muigai addresses participants during the Federation of Kenya Employers annual general meeting in a Nairobi hotel on April 17.Photo/HEZRON NJOROGE

Efforts to extend the mandate of the National Cohesion Integration Commission for another 12 months is gathering pace with the Attorney General expected to publish the amendments to the NCIC Act in the coming days. The proposals to extend term of the nine commissioners are currently with the Ministry of Justice and Constitutional affairs, according to State Law Office.

The AG's office yesterday said the amendments were still with the Ministry of justice and Constitutional Affairs, which is charged with generating the amendments. “The ball is in the justice ministry's court,” the AG's office said yesterday. The the specifics of the amendments are being closely shielded by the justice Ministry.

The ministry which is headed by Saboti MP Eugene Wamalwa termed the talk of amendments as only were only but proposals for now with nothing drafting on course. The term of the commissioners ends next month and there are fears that the existing volatile political environment cannot allow reconstitution of a new team. The nine Commissioners were appointed in September 2009 for a three-year term.

The proposal to extend the term of the commission has received the backing of two key parliamentary committees namely the Constitutional Implementation Oversight Committee and the one on Justice and Legal Affairs. The chairman of Parliament's Committee on Equal Opportunity Mohammed Affey had said he would move a motion in parliament to extend the term of the current commissioners.

Supporters of the blanket extension argue that it was nigh impossible to have new commissioners in office by December because of the long vetting process involved. MPs had in July rejected an amendment to the NCIC Act to have the commissioners’ terms renewed exclusively by the President without the involvement of MPs and the public. The amendment was part of the omnibus Miscellaneous Amendments (Statute Law) Bill, which is now an Act.

The Commission has recommended some high-profile prosecutions, among which is the hate speech charge against environment minister Chirau Ali Mwakwere for hate speech and his Nairobi Metropolitan colleague Jamleck Kamau. The minister is expected to appear in court today for the case. NCIC also charged Limuru MP Peter Mwathi and three musicians over hate speech.

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