Key players behind the new laws

By Stephen Makabila

Before last year’s constitutional referendum and after the crucial vote that ushered in the new laws, key personalities have been at the fore-front driving the implementation forward.

Some of them were involved in drafting of the laws and consensus building ahead of the August 4, 2010 referendum.

After a ‘Yes’ verdict was returned by Kenyans, followed by promulgation of the new laws on August 27, 2010, there are key personalities who have been involved in developing Bills and playing general over-sight role in the implementation, including vetting and hiring of those to take-up new constitutional offices.

Justice Minister Mutula Kilonzo

As Justice and Constitutional Affairs Minister, Mutula has been instrumental in providing the necessary guidance to the process.

He has remained focused, occasionally alerting the country on the need to meet implementation datelines.

Mutula recently blamed bureaucracy for the delay in formulation of Bills required to implement the new Constitution fully.

The minister had also accused the institutions involved in the formulation of key legislations required for the implementation of the new laws for not doing enough, even after receiving several draft Bills.

He has been sounding warnings on dangers of violating the implementation timelines ahead of the August 27, 2011 dateline.

Outgoing Attorney General Amos Wako

Wako, who oversaw the transition from a dejure one party State to multiparty democracy, has played key roles in constitutional reforms and was the Chairman of the Bomas of Kenya and Safari Park Consultative Constitutional conferences.

He was also an ex-officio member of the Constitution of Kenya Review Commission (CKRC). However, Constitutional Implementation Commission (CIC) chairman Charles Nyachae recently blamed Wako for the slow pace of implementation.

As he retires, Wako will take credit for helping the country get a new Constitution after over two decades of searching for one.

Abdikadir Mohammed

The Mandera Central MP has been actively involved in Constitution making as former chairman of the Parliamentary Select Committee  (PSC) and currently the chairman of the Constitutional Implementation Oversight Committee (CIOC).

The MP was recently feted at the annual German Africa Award for his role in the birth of a new Constitution.

German Chancellor Angela Merkel, who recently visited the country, recognised Mr Abdikadir’s role, especially during the challenging consensus building sessions at Naivasha.

As the CIOC chair, he leads Parliament’s oversight role on the Constitutional Implementation Commission (CIC) and the implementation.

Nzamba Kitonga

Nzamba Kitonga was the chairman of the Committee of Experts (CoE) that drafted the new laws that were put to a referendum on August 4, 2010.

He served as a council member on the International Bar Association from 1997 to 2003 and Chairman of the Law Society between 1997 and 1999.

His other high profile public role was when he served as the Vice-Chairman of the Commission of Inquiry into the Goldenberg Affair from 2003 to 2005.

Chief Justice Willy Mutunga

After benefiting from a position created under the new Constitution, Mutunga has been chairing  interviews to hire High Court judges in his capacity as the chairman of the Judicial Service Commission (JSC).

Ironically, Mutunga was grilled by the JSC before his appointment was approved by the CIOC and later Parliament.

Mutunga led JSC commissioners in interviewing candidates for the job of High Court judges. 28 Judges have already been hired.

Charles Nyachae

Mr Nyachae was in November last year nominated as chairperson of the Commission for the Implementation of the Constitution (CIC). He was nominated by President Kibaki, in consultations with Prime Minister Raila Odinga.

Nyachae has remained alert, pointing out any slight violation of the law in the on-going constitutional implementation.

CIC earlier in the week moved to court seeking to  restrain Parliament from  debating two laws, but its move was out-paced as the two Bills were debated on Thursday. CIC’s main role is to generate necessary Bills in collaboration with the Kenya Law Reform Commission.

Speaker Kenneth Marende

As Speaker of the National Assembly, Marende’s role has been key in moderating debate on various Bills in Parliament.

Marende on Tuesday, for example, upheld amendments on the Political Parties Bill to allow pre-election mergers and coalitions be part of the new Constitution.

Parliament has also been forced to extend sitting hours, and even on Friday, to meet the implementation datelines.

Some of the MPs who have remained focused to drive the implementation on the floor of the Houseinclude Martha Karua, Bonny Khalwale, John Mbadi, Gitobu Imanyara, Danson Mungatana,  Eseli Simiyu, Charles Kilonzo and Amina Abdalla.

Ekuru Aukot

Ekuru Aukot was the Executive Director of the Committee of Experts (CoE) on the review of the Constitution. Currently, Dr Aukot who was admitted to the bar in 1999 as an Advocate of the High Court of Kenya, is the chair of the panel seeking those to sit on the Independent Electoral and Boundary Commission (IEBC). Focus is on the panel as it is supposed to come up with men and women of great repute to oversee the transitional General Election expected next year.

Ababu Namwamba

The Budalang’i MP was the Vice-Chair of the Parliamentary Select Committee (PSC) and played a key role in consensus building geared towards a non-contested referendum. Before the recent dissolution of Parliament’s Justice Legal Affairs Committee, Ababu was its chair.

The committee was key in vetting judicial appointees to positions created under the new Constitution.

Christine Mango

Prof Mango was the chair of the Judicial Service Commission (JSC) before CJ Mutunga came in. She led the short-listing of 24 applicants who wanted to become CJ and Deputy CJ and carried out the interviews. She has also been involved in interviews for the 28 judges hired recently.