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!!!
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