Skip to main content

The CIC In Court…..What for?!?!?!

The Commission on Implementation of the Constitution (CIC) chairman Charles Nyachae.
The Commission on Implementation of the Constitution (CIC) chairman Charles Nyachae

The Constitution sets out the functions of the Constitution Implementation Commission (CIC) in Section 5 (6) of the Transitional and Consequential Provisions as follows;

1.      Monitor, facilitate and oversee the development of legislation and administrative procedures required to implement this constitution;
2.     Coordinate with the Attorney General and the Kenya Law Reform Commission in preparing, for tabling in Parliament, the legislation required to implement this constitution;
3.     Report regularly to the Constitutional Implementation Oversight Committee… and
4.     Work with each constitutional commission to ensure that the letter and the spirit of this Constitution is respected.

Now that’s a full plate of duties considering the 5(five) year period set for their work, a super lean budget currently standing at slightly under Kshs. 400 Million, a history of political jostling and ridiculous machinations, but more important an anxious and expectant Kenyan people, who although languishing in various challenges economic or otherwise believe that the future is by no means bleak. 

I would therefore construe that the CIC had an duty, obligation and right – like any other Kenyan with the know-how – to interpret the constitution in such a way as to ensure that any laws drafted by the Kenya Law Reform Commission and subsequently passed parliament are constitutional and therefore not in conflict with the constitution. The same would of course apply to any appointments to constitutional offices.

The recent stand taken/ reaction by the CIC – though late for a commission at the heart of implementation – on the Nominations fiasco ought to be applauded. What they did – which essentially they ought to do – was very important in ensuring that the spirit and the letter of the law is respected.

However, they have now gone to court seeking the guidance of the Court of Appeal on other future nominations and, I guess, put a cap on the recurrence of such a fiasco during the implementation process. On the face of it – a good move, but is it necessary??
My reasons for doubting the necessity of such a move are Simple;

ONE they have a very short time to ensure full implementation of the constitution,

TWO they have a very small budget, which can be further asphyxiated by lack of political ‘good’ will and therefore, any amounts likely to be spent on legal fees for lawyers, which is not small considering the lineup, should have been channeled to other more important activities, and

THREE they have all the right to interpret and let any other Kenyan with issues go to court and spend money challenging such.

It may be argued that the final pronouncements by the Court of Appeal – sitting in as the Supreme Court – will end any further controversies BUT WILL THEY??

The laxity of the CIC in reacting to the nominations saga, and the – in my opinion – wrong move in rushing to court, is certainly uncalled for.
                  
Mr. Nyachae and Co, Kenyans expect better of you, please let us not regret applauding your appointments….. GET TO WORK!!!







Comments

Post a Comment

Popular posts from this blog

Madaraka Day @49 – What Exactly Does Attaining Self Rule Mean?

Courtesy of The Daily Nation The Declaration on the Granting of Independence to Colonial Countries and Peoples (adopted 14 th December, 1960) says the following about the importance of Independence; “ The General Assembly, Mindful of the determination proclaimed by the peoples of the world in the Charter of the United Nations to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small and to promote social progress and better standards of life in larger freedom, Convinced that all peoples have an inalienable right to complete freedom, the exercise of their sovereignty and the integrity of their national territory… .” The Preamble to the Constitution of Kenya 2010 says; “ We the people of Kenya – Honouring those who heroically struggled to bring freedom and justice to our land: Exercising our sovereign and inalienable right to determine the form of governance ...
Post a Comment
Read more

LATEST COURT OF APPEAL APPOINTMENTS - Kudos JSC!!

Once again the JSC is 'on-point' in its latest appointment of 7 new judges of the Court of Appeal. The ration of appointments is clearly in favour of the women i.e. 5 out of the 7 are women. This follows the earlier appointment of 28 new judges of the High Court 13 of whom were women. Indeed, the Court of Appeal has been largely identified with a perpetual delay in the administration with many calling upon it to work at changing its public image. Indeed, the Justice William Ouko led Task force report not only only found that there were vacancies at the court of appeal (11 instead of the then 14 allowed) but even out of the 11 judges, there was no woman judge at the Court of Appeal. The Constitution of Kenya, as a result of a reflection on some of these grave inequities and disparities is very clear on the issue of gender representation at all levels of and in all arms of government. Whether a woman judge matters can be seen from some reflections in this rather short, simple...
Post a Comment
Read more

THE “HOUSE OF TERROR” – Reflections….

The "House of Terror" - Budapest, 1062 Andrassy ut 60 So today I finally got to visit the ‘House of Terror’ one of those places you certainly ought to visit if you ever pass by Budapest, Hungary! It is described as a museum that commemorates the victims of terror as well as a reminder of the dreadful acts of terror carried out by ‘victimizers’. The building, and the museum inside are a vivid, impressive recreation of different periods of Hungarian history that the country has tried to move on from albeit painfully. The Different sections of the Museum that begins with a hallway full of victims, then instruments of torture, actual cells, gallows and a morgue, witness accounts displayed on screens and pictures that tell a thousand words all bear testimony to the atrocities witnessed and meted. The building housed the Hungarian Nazis in the early 1940’s and later a residence of the AVO and subsequently the AVH who are known to have participated in the worst forms of crimes agai...
3 comments
Read more