MPs push for new agency to vet laws as Nyachae commission nears exit

A section of MPs are pushing for the formation of a clearing house to take up the role of vetting new laws as the Commission for the Implementation of the Constitution (CIC) approaches the end of its term.

Led by Laisamis MP Joseph Lekuton, the leaders want an agency based at the Attorney General’s office for screening all Bills brought before the National Assembly, Senate and county assemblies to weed out overlap and inconsistencies with the Constitution.

“We are trying to create a clearing house for all the Bills so that there is no contradiction. If we don’t do that in time, we would end up in courts. So far we have people saying ‘we passed this in our county assembly’ and others saying ‘we passed this in Parliament’,” said Mr Lekuton.

“We have to find a way for all of them (Bills) to be reasonable so that we don’t have county laws that contradict national laws or National Assembly laws contradicting Senate laws.”

The legislator said the private member Bill would be introduced for discussion in the National Assembly during the session that begins next week.

Currently, the CIC and the Attorney General’s office review Bills while the Kenya Law Reform Commission looks at laws already passed with a view to cut unnecessary enactments.

The CIC has a lifespan of five years, although the Constitution allows Parliament to extend its mandate. If Mr Lekuton’s law is passed, only one agency will be responsible for ironing out inconsistencies between laws and by-laws.

In October last year, the county governments of Kwale, Lamu and Taita Taveta announced plans to introduce new taxes on investors exploiting minerals even as Mining secretary Najib Balala maintained that taxation of the sector is a national government function.

READ: County mining tax plans anger Kenya government

Other county governments like Nairobi have also been in a tussle over licensing of gaming and betting establishments, with the laws passed in the county assembly said to contradict national laws.

At the national level, The Natural Resources (Benefit Sharing) Bill currently at the Senate makes near similar provisions as those contained in the Mining Bill that was recently returned to Parliament by the President.

These contradictions have been termed as harmful to prospective investors and businesses planning.

“The business community would appreciate such a framework where there is a clearer regulatory position,” Mr Lekuton said.