• MPs say the absence of commissioners has put the country at the risk of flare-ups.
• Commission's chief executive officer Hassan Mohamed’s term is ending in July, causing fears of a possible leadership vacuum at the commission.
Image: PATRICK VIDIJA
Parliament is in a race against time to legislate a bill that will give President Uhuru Kenyatta more say in filling vacancies at the National Cohesion and Integration Commission (NCIC).
The High Court, following a case by activist Okiya Omtatah, held that the recruitment as designed by the existing Act, was unconstitutional and defied the principle of separation of powers.
The concern is that it has taken too long — over seven months — to fill the posts since the exit of the team led by former Speaker Francis ole Kaparo.
Other members were Irene N. Wanyoike, (Vice Chairperson), Morris M. Dzoro, Prof. Gitile Joseph Naituli, Dr Joseph Nasongo, Dr Roba D. Sharamo, Adan Abdi Mohammed, and Belinda Ochiel.
The bill by Nominated MP Maina Kamanda — chair of Committee on National Cohesion and Equality passed through the Third Reading and is awaiting Presidential assent.
There are fears the absence of commissioners has put the country at the risk of flare-ups, especially with the already heated 2022 politics.
Also of concern is that NCIC chief executive officer Hassan Mohamed’s term is ending in July, causing fears of a possible leadership vacuum at the commission.
The NCIC (Amendment) Bill, 2019, says that a Cabinet Secretary, whose docket handles matters cohesion, shall form a selection panel to recruit 15 persons suitable to be members of the Commission.
The panel shall consist of a nominee from the Office of the President, Public Service Commission, Office of the Attorney General, EACC, National Gender and Equality Commission (NGEC), and the Judicial Service Commission (JSC).
“The panel shall within 14 days of receipt of applications interview and shortlist at least 15 people qualified for an appointment and forward the names to the President for the nomination,” the bill states.
“The president shall within 21 days of receipt of the names, nominate one person for chairperson and seven as members and forward the names to the National Assembly.”
The National Assembly is thereafter expected to approve or reject the nominees and communicate its decision to the President within 21 days.
“The President shall within 21 days of receipt of the approved nominees from the National Assembly, by notice in the Gazette, appoint the chairperson and members,” the Kamanda Bill, which is to be read a third time, states in part.
During the second reading, MPs resolved to remove provisions which enlisted chairpersons of Kenya National Commission on Human Rights, NGEC, and Ombudsman as co-opted members.
MPs also resolved that the chairman’s tenure be fixed to a single term of six years and that the said person must have 10-years’ experience to qualify as chair.
Also taken into consideration is the provision that gives the commission vice chairperson powers to act in the absence of the substantive chairman.
“There is a lot of hate speech and bad language emerging in our political circles. We need the commission to be in place urgently to deal with the cases,” Leader of Majority Aden Duale said in support of the Bill.
Ugunja’s Opiyo Wandayi echoed Duale’s sentiments saying: “The drums of war are already on since we have lost a lot of time in putting a new commission in place. We hope the selection panel will end up with men of merit to be part of the commission.”
Minority leader John Mbadi said the courts were right in denying Parliament the prerogative of naming and subsequently approving such appointments.
He proposed that JSC should be dropped from the selection panel for purposes of averting instances of conflict of interest, being that most hate cases end up in court.
On his part, Mandera North MP Abdullahi Sheikh said the commission’s assignment, once in place, should be to clean up state agencies with a view to achieving ethnic balance.
“We cannot continue operating in the face of state agencies having 80 per cent of their staff drawn from one ethnic group. Let the NCIC, once formed, give us a status update on state appointments,” the lawmaker, also chair of pastoralist MPs, said.
Parliament is expected to complete the process after its month-long recess which began on Thursday last week.
(Edited by O. Owino)