The Star (Nairobi)

27 April 2014

Kenya: CIC Warns of Constitutional Crisis in Ngilu, Swazuri War

THE Commission for the Implementation of the Constitution has asked Parliament to exercise its oversight role with regard to the ongoing wrangles between the Ministry of Lands and the National Land Commission.

In a report to Parliament, CIC wants the ministry, NLC and Parliament to play their constitutional roles and to consult and cooperate with each other.

"The National Assembly should exercise its oversight role and demand the two institutions to submit an implementation plan with clear timeliness on deliverables," the report reads.

It wants senior officials in the Lands ministry and NLC held accountable for failure to exercise their authority in a manner that is "consistent with the purposes and objects of the constitution".

The report, which traces origin of the ongoing conflict between the ministry and NLC, indicts the ministry and accuses its top officials of not being committed to help end the stand-off.

The report says that whereas NLC has been cooperative "in respect to finding a solution", the ministry has never given any positive reponse to the matter.

The report is addressed to the chairman of the Constitution Implementation Oversight Committee of the National Assembly, which is chaired by Githunguri MP Njoroge Baiya.

"The current state of affairs is severely impeding the progress of implementation of the constitution in respect to Chapter Five. Urgent action is necessary with respect to the implementation of the chapter," the report reads.

The report advises the Lands ministry and NLC to "overcome personal differences and seek to resolve issues in dispute with regard to their respective constitutional mandates as a matter of urgency".

The CIC says identification of the specific role of each institution with regard to land transaction is one of the ways of ending the stand-off.

It also wants development of administrative procedures that sets out the roles identified.

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