ICJ calls for interim government

Daily Nation 

Story by OLIVER MATHENGE
Publication Date: 1/27/2008

The Kenyan chapter of the International Commission of Jurists has proposed that the ongoing negotiations work on the formation of an interim government based on some form of power sharing.

The ICJ proposal presented on Friday at a public forum in Nairobi, however, notes that any political settlement reached must attend to what brought about the current crisis.

Cancel poll results

The ICJ further argues that the Electoral Commission of Kenya can actually cancel the presidential poll results, saying that section 123 (11) of the Constitution confers holders of public office in Kenya with the powers to invalidate their actions.

The section of the constitution indicated by the ICJ states: “Where a power is conferred by this Constitution to make an order, regulation or rule, or pass a resolution or give a direction or make a declaration or designation, the power shall be construed as including the power, exercisable in the same manner and subject to the same conditions, if any, to amend or revoke the order, regulation, rule, resolution, direction, declaration or designation.”

The ECK has on several occasions indicated that it has no authority to cancel the disputed results unless a court orders the measure be taken.

The ICJ proposal indicates that an interim political settlement is the best option because there was minimal trust in the country’s judicial system, and the ECK had proven to be ineffective going by the way it conducted last year’s election.

ICJ is proposing that the interim government institute legal reforms in the Judiciary and the ECK, and then organise a fresh election. The ICJ proposal states that challenging the election results within the current laws may not help solve the current stalemate.

Power-sharing basis

According to the commission’s chairperson, Mr Wilfred Nderitu, the caretaker government would operate on a power-sharing basis and be made up of persons selected by the two sides, but who are not politically active.

According to the commission’s chairperson, Mr Wilfred Nderitu, the caretaker government would operate on a power-sharing basis and be made up of persons selected by the two sides, but who are not politically active.

The group is suggesting that the reforms in the Judiciary be structured in line with proposals made in the Bomas Draft Constitution of 2005.

“We need judicial officers with the right ideology of protecting the rule of law, not the Executive or any other interests,” noted Mr Nderitu.

He, however, underscored the need for a lasting solution to the causes of the current crisis.

“A political settlement may lead to an end in violence, but if the causes are left unattended, it may keep flaring up and rearing its ugly head as it has done now,” said Mr Nderitu.

The ICJ further suggests that the current negotiations be spread past the political class, as the agreement between President Kibaki and ODM leader, Raila Odinga, would also absorb their supporters.

The proposal suggests that the second level of negotiations be among ordinary citizens and representatives of citizen organisations.

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