Monday, December 27, 2010

Kibaki in race to implement laws

Related StoriesBy BEAUTTAH OMANGA
President Kibaki will try to restore public confidence in the Grand Coalition Government’s commitment to implementing the new laws when he gazettes the names of members of the Commission for Implementation of the Constitution (CIC) this week.
Soon after, Chief Justice Evan Gicheru is expected to swear in the CIC members. The team headed by Charles Nyachae is expected to hit the road immediately its members take the oath of office, with revelations by officials that money and equipment for their use will be made available quickly so their work is not delayed.
Most Kenyans’ faith in the Government’s commitment to implement new laws is close to rock bottom.
A scientific poll by research firm Synovate Limited released on Friday indicates that only 37 per cent of Kenyans believe the Grand Coalition Government is fully committed to implementation of the new Constitution, while a majority, 53 per cent, thinks it is only partially committed to anchoring the new laws.
Charles Nyachae: To head Commission for Implementation of the Constitution team and expected to hit the road immediately members take the oath of office.

According to the poll, only 41 per cent of those affiliated to Prime Minister Raila Odinga’s Orange Democratic Movement (ODM) party believe it is fully committed to the implementation process. The figure is 42 per cent for followers of President Kibaki’s Party of National Unity (PNU).
The chairman of Constitutional Implementation Oversight Committee (CIOC), Mandera Central MP Mohamed Abdikadir yesterday told The Standard he expects the commission to first deal with laws that are necessary for a free and fair General Election in 2012.
Drafting Bills
He said he expects the CIC to start by drafting Bills towards the merging of the two police forces to be under one command, and those to guide reforms in the Judiciary and all laws touching on national security.
"These reforms are indeed crucial for a free and fair election in 2012 and we look forward to the implementation commission to show the way," said Abdikadir.
The mandate of the commission includes monitoring, facilitating and overseeing the development of legislation and administrative procedures required to implement the Constitution.
The establishment of the commission was delayed by power play between the Executive and Parliament, but the list of commissioners was approved by Parliament before it broke for its traditional recess last week.
President Kibaki, who urged MPs to approve the list to avoid delaying the implementation process any further when he spoke during the Madaraka Day celebrations, is expected to gazette the names early this week, so that the team is in office by the start of the new year.
Full mandate
Even though the full mandate of the commission would be stated when their names are gazetted, the Constitution has already cut out the work that it would be responsible for. Close to 50 legislations are necessary to operationalise the Constitution and the CIC is supposed to midwife the Bills to enact the new laws.
The CIC will work closely with the Kenya Law Reform Commission (KLRC) and the Attorney General to fine tune the Bills before they are handed over to Parliament.
The work of the commission would be monitored by Parliament’s Constitutional Implementation Oversight Committee (CIOC), which will also support the CIC in the event of challenges.
Yesterday, Mr Nyachae said he was ready with his team to embark on the task ahead immediately they are sworn in.
"To start with, we will need a few days to bond and understand what the mandate of the commission will be and then with the support of Kenyans who overwhelmingly voted for a new Constitution, join hands and move this great country forward," said Nyachae.
Even though the public played its role when it voted in the new laws in August, Nyachae said his commission would still need the goodwill of Kenyans irrespective of how they voted during the referendum.
Besides Nyachae, the other members of the CIC are Prof Peter Wanyande, Dr Ibrahim M Ali, Dr Elizabeth Muli, Dr Florence Omosa, Ms Catherine Muma, Mr Kamotho Waiganjo, Mr Philemon Mwaisaka Wawaka, and Mr Kibaya Imaana Laibuta.
All the commission members are either experts in law or have extensive experience in public administration or human rights.
Yesterday, Justice Minister Mutula Kilonzo said the commissioners should not expect a honeymoon because Kenyans want them to deliver in their duties as per the timelines provided in the Constitution.
"They are all very informed individuals who must take off immediately. The ministry is ready to guide them on how to take off and the necessary support they will require will be provided’ assured the minister.
He said his ministry would give the necessary support to the CIC and said he was confident the new commission would not experience the hitches that have affected other commissions.
The Committee of Experts, which was responsible for drafting the Constitution was delayed for several months after its establishment due to lack of funds.
He said all necessary draft Bills to aid immediate implementation were ready and were awaiting fine tuning and approval by the CIC for tabling in Parliament.
Consultation
The chairman of the CIOC also said that the Treasury has assured him that funds for the commissions would be availed immediately the commissioner are gazetted and sworn in.
" When we met at Windsor recently as a committee we called in the Finance Minister (Uhuru Kenyatta) who assured us that funds will be availed for the work of the CIC. We don’t look forward to hitches that delayed the CoE from taking off for almost two months. This is a crucial commission which we expect to be given all the necessary support from now onwards" said the Chairman.
Lawyer Paul Muite said he expects the CIC to start by giving Kenyans a road map of implementation and timelines.
The CIC will be expected in the next few days to commence consultation with the AG and the Law Reform Office on what Bills to be drafted as a matter of priority to jumpstart the implementation bearing in mind the set timelines.
The first of such Bills will then be tabled before Parliament early next year when Parliament resumes its sittings.
Unlike in the past where commissions were at times not answerable to anybody, the CIC will be reporting its progress on implementation of the Constitution to Parliament’s oversight committee on the Constitution.
In case of impediments towards smooth implementation, the commission will seek support from the CIOC.
The team will be in office for at least five years after its establishment, but Parliament has power to extend its life if there is need for the commission to continue working.

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