Court ruling bogs down MPs

THE legal and parliamentary affairs committee yesterday suffered a setback when they disagreed on whether they were right to act

By Cyprian Musoke

THE legal and parliamentary affairs committee yesterday suffered a setback when they disagreed on whether they were right to act according to the Constitutional court ruling.
“I don’t know what powers we are using to deal with this Bill, a function that the Constitution has given to standing committees. We should not make laws with irregularities,” MP Odonga Otto (Aruu) said.

The court on Friday nullified the 2000 referendum on political systems, which gave the Movement system another five years in power.

Otto argued that since the Court ruled that only standing committees should discuss and make recommendations on Bills, theirs, a select committee, was out of order, proceeding with yet another Bill.

The committee had sat to consider the Referendum and other provisions Bill 2003, providing for the 2006 referendum.
Members disagreed with Otto’s argument, saying that since Parliament had assigned them the task, they should not abdicate.

Margaret Ndaula, the Parliament lead counsel, who was brought in to guide the committee on the matter, said whereas the Constitution mandated the work on Bills to standing committees, this did not limit other committees that Parliament assigned.
“Are you saying the silence of the Constitution on who should handle the Bills leaves a loophole for us to exploit?” Otto quipped.

Ndaula said irrespective of which committee handled which Bill, all Bills would eventually end up in the plenary for the final say.
“I wanted us to begin on a clear ground such that we exonerate the committee from making laws on a shaky ground. We should adjourn now and consult the speaker, short of which I am walking out, to let the sycophants continue if they want,” Otto said.