By MARTIN MUTUA and DAVID OHITO

The first of 49 Bills necessary to entrench the new Constitution is out and could be presented to Parliament next week as rehearsals by the disciplined forces for August 27, when the new laws come into force, continue at Uhuru Park.

The Cabinet is expected to discuss and endorse the Commission on Implementation of the Constitution Bill 2010 in its sitting on Monday.

The Bill sets out the structure of the Commission on Implementation of the Constitution that is integral in the implementation of the

Constitution that is integral in the implementation of the new law, and sets out the procedure of appointing its officials.

And to reflect the new powers of Parliament, the Bill says that MPs will have the final say on who is appointed to the commission, as they would have to approve those chosen by the Head of State.

The new Constitution says that the new commission can be established any time within three months, but Justice minister Mutula Kilonzo, and Attorney General Amos Wako say there is need to move faster.

Mutula has already said in public that the Government has a plan to pass all necessary legislations within the first year, though the timeline for the new laws vary between one and five years.

The nine-member commission will play a crucial role in the implementation of the new Constitution that would be promulgated on Friday. Yesterday Wako said: "Work has already started and the bill creating the commission will tabled for Cabinet approval at the next meeting to fast track implementation."

"We do not have to wait for 30 days. It is doable earlier, and we are committed to achieving the set timelines much earlier because of the immense goodwill from President Kibaki, the PM, the Cabinet, the MPs and Kenyans themselves."

the qualifications

According to the proposed Bill, which has been drafted by the Justice and Constitutional Affairs Ministry, the President in consultation with the Prime Minister shall within seven days of the commencement of the Act declare vacancies in the commission and request for applications.

Those who qualify to be members according to the proposed Bill must be Kenyans, posses university degree from a recognised university, and have knowledge and experience of at least ten years in matters relating to law, public administration, economics, gender, human rights or government and they must be of good character and integrity.

The commission will have 9 members, including the chairman that would be assisted by a secretariat headed by a commission secretary.

Those interested in the job will forward their applications to the Public Service Commission (PSC) within 14 days after the notice.

Any person who is qualified can apply, or any organisation or group of persons can propose the nomination of any qualified person, after which their names will be published in the Kenya Gazette.

The move is meant to give everyone a chance, in accordance with the article on the Bill of Rights, which guarantees transparency, accountability and non-discrimination.

The PSC shall within seven days of the expiry of the 14 days convene a committee comprising of representatives from the cabinet office, office of the Prime Minister, Justice and Constitutional Affairs, AG’s office, Public Service Ministry to deliberate on the applicants.

The meeting is to consider and shortlist at least three persons qualified for appointment as chairperson and 18 persons who qualify for appointment as members.

seven days

PSC shall within seven days forward the short listed names of chairperson and members of the commission to the president and the prime minister for nomination.

The President in consultation with the PM shall nominate, within seven days, a chairperson and eight other persons for appointment as chairperson and members of the commission, and forward their names to Parliament for approval.

Parliament will then be expected, within another 14 days, to consider all the nominations received and approve or reject any of the nomination after which the speaker is to forward them the names of the approved person to the president for appointment.

In the event that Parliament rejects any nomination, then the Speaker shall within three days communicate to the president and the PM to submit fresh nominations.

And where Parliament rejects any or all of the persons nominated in the first list, to reject all or any persons in the second list shall require 50 per cent of all MPs excluding the ex officio members.

After that the bill proposes that the President shall within seven days, through the gazette notice, appoint the chairperson and members of the commission that will have been approved by parliament.

The commission’s work shall be to monitor, facilitate and oversee the development of legislation and administrative procedures required to implement the new laws. It will have a secretary to run its secretariat who shall be recruited competitively.