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August 30, 2005

President Kibaki has not contradicted the proposed constitution

We make reference to reports attributed to President Kibaki in Mwingi yesterday and state as follows:

· President Kibaki said members of the Provincial Administration will not be sacked once the proposed new Constitution is enacted.

· The current system of Provincial Administration provides a vital link and inter-linkages between the Central Government and the people, a role which they will continue to perform albeit in a different arrangement.

· The President’s statement did not contract Section 23 of the Sixth Schedule of the proposed new Constitution dealing with the current system of administration commonly known as Provincial Administration.

· Section 23 states; “After coming into effect of the Act specified in Article 217 and within six months of holding the elections referred to in Section 22, the system of administration comprising of Assistant Chiefs, Chiefs, District Officer, District Commissioners and Provincial Commissioners commonly known as Provincial Administration shall stand dissolved and the Government shall redeploy all public officers serving under the system”.

· The new Constitution is coming with a new Government structure namely:- a two-tier structure comprising of the National Government and District Government.

· There is, therefore, need for a system of administration that is consistent with the governance structure under the new Constitution.

· A mechanism for that new administrative system is provided under Article 217 (C) of the proposed Constitution. Under that Article, Parliament is required,
· within one year of coming to effect of the new Constitution, to enact legislation to provide for the setting up of the new administrative arrangement and inter linkages between the National Government and the District Government as well as the grassroots.

· Once that legislation has been enacted, the existing administrative arrangement shall then be replaced by the new one and all those who worked under it shall transit to and be absorbed by the new administrative system. That is precisely the meaning and intent of the words in Section 23; “The government shall re-deploy all public officers serving in that system”.

· In conclusion it is clear that Provincial Administrators are not being sacked. In fact it is a fallacy to say that they are being sacked. They shall continue in place until Parliament legislates for the new system and then they move on into that system.

· What then the President said in Mwingi is indeed correct and is consistent with the provisions of the Draft Constitution. The problem is that people have been selectively picking certain clauses and reading them out of context.

The law must be interpreted in totality, not selectively. You cannot pick one clause and attach meaning to it without cross-referencing it with other provisions unless one is ignorant or wants to mislead.

ISAIYA KABIRA
DIRECTOR PRESIDENTIAL PRESS SERVICE