A Great stride but the business is far from over

In Summary

Next General Elections to be held on the second Tuesday of August 2012
Attorney General to vacate office within 12 months
Chief Justice to vacate office within six months
Director of Public Prosecutions and the Controller of Budget to vacate office immediately the new Constitution comes into force.
Parliament to establish the Commission on Implementation of the new Constitution within 90 days.
Parliament to create laws on procedure to recall non-performing MPs within two years.
Parliament to enact laws relating to the system of courts, the removal from office of top judicial officials and the vetting of judges and magistrates within one year.
Non-citizens holding freehold titles to be issued with 99-year leasehold titles immediately the new constitution is effected.
Legislation on citizenship to be in place within one year.
Laws relating to community land and regulation of land use and property to come into force within five years.
Legislation on land to take a maximum of 18 months.

The Attorney General, the Chief Justice and foreign landowners will be the first casualties of the new constitution.

A major overhaul of the Judiciary and the State Law Office will also see all judges and the Director of Public Prosecutions vacate office once the new constitution takes effect.

Even though the new document stipulates that CJ Evan Gicheru vacates office within six months and AG Amos Wako within one year of the new constitution coming into force, the government has indicated that it would move to fast-track the changes.

The document gives Parliament a maximum of one year to enact laws relating to the system of courts, the removal from office of top judicial officials and the vetting of judges and magistrates, but Justice Minister Mutula Kilonzo says this must take a much shorter time.

“We want to have these changes in place by December, this is the Christmas present we want to give Kenyans, so we will expect Parliament to pass the required legislation to effect the reforms as soon as possible,” Mr Kilonzo said. Parliament will embark on the task of enacting the new set of legislation to give the new constitution the force it needs once it reconvenes on Tuesday.

Top priority will be given to the legislation required to implement reforms in the Judiciary, including the setting up of the Supreme Court, the vetting of judges and magistrates and the election laws, Mr Kilonzo stated. But the DPP and the Budget Controller will have to vacate office immediately the new Constitution comes into force on its promulgation by the President or upon the expiry of 14 days from the publication of Wednesday’s referendum results.

The DPP’s functions will be taken over by the AG while those of the Budget Controller shall be performed by the Auditor General, who will also vacate office within one year. On land, the government will start replacing all freehold titles owned by non-citizens and issue them with 99-year leases.

Both Mr Kilonzo and the Committee of Experts chairman Nzamba Kitonga urged Parliament to give priority to the formation of the Commission on the Implementation of the Constitution, with the latter describing it as “the driving force” of the new set of laws.

The new Constitution gives Parliament 90 days to constitute the Commission, but Mr Kilonzo called on MPs to establish it immediately so that it starts working on the various pieces of legislation required to implement the new dispensation. “We want the PSC to move expeditiously and transform itself into the Constitutional Implementation Oversight Committee to oversee the work of the commission,” Mr Kilonzo stated.

The Commission will only be dissolved after five years — the time frame given for the enactment of all pieces of legislation required to implement the constitution. But it can also be dissolved if the new constitution is fully implemented before the five years lapse. Under the new law, the next General Election will be held on the second Tuesday of August in 2012. Those to be elected on this day will be the next president, MPs, county governors and senators.

Mr Kilonzo said the government is determined to fast-track legislation on the conduct of elections, even though the new constitution gives Parliament one year to create laws relating to elections, electoral disputes and the formation of the Independent Electoral and Boundaries Commission to replace the Interim Independent Electoral Commission (IIEC).

Parliament also has one year to create laws governing political parties, including legislation providing for the circumstances under which a member of a political party shall be deemed to have resigned from the party. However, voters who wish to recall non-performing MPs will have to wait slightly longer as the new constitution gives Parliament a maximum of two years to create the law guiding the procedure for such a move.

Parliament also has a maximum of one year to create laws on circumstances under which MPs can vacate office. On the provincial administration, the new constitution gives the government five years to restructure the system to fit into the operations of devolved governance.