Drafters of new law unhappy with pace of implementation

By Allan Kisia  

On the second anniversary of the promulgation of the Constitution, the team that drafted the document has accused the Government of falling short of expectations in implementation.

The former members of the Committee of Experts (CoE) who were speaking during a ceremony to mark the anniversary assessed various chapters of the document citing achievements and failures so far.

Dr Chaloka Beyani, who was a member of CoE, said what they are seeing is the ‘bare minimum in implementation’ of the Constitution.

Dr Beyani, a professor of law and UN special rapporteur on human rights of internally displaced persons, said total implementation requires Government’s goodwill.

Misdirection

“Public participation in the implementation process is absent,” he added.

Ms Atsango Chesoni, who was the vice chair of CoE and is currently the Executive Director of the Kenya Human Rights Commission, accused the Government of applying double standards on matters of integrity.

Chesoni, who spoke on leadership and integrity in the build up to elections, said all public officers should be held accountable for their work.

Fredrick Ssempebwa, a law professor and practitioner in Kampala, Uganda warned of misdirection of devolution, which may lead to violence.

“There is legislation on devolution, revenue allocation. All this is in place but the question is, how are they going to function,” he added.

Abdirashid Abdullahi, a member of the Judges and Magistrates Vetting Board, expressed hopes that they will be done with the vetting of judges by mid October this year.

“They however have been fighting back. Nobody wants to go home,” he added.

Bobby Mkangi, a human rights consultant, said many Kenyans voted for the Constitution because of the contents of Chapter Four.

“The Bill of Rights recognised human dignity. With the implementation Kenyans can walk around and feel free,” he added.

Justice Njoki Ndung’u said the Judiciary should be independent, people based and encourage alternative resolution of disputes.

“We should not change the judiciary but transform it,” she noted.

She noted that the Judiciary is still faced with a myriad of problems among them a back log of cases, computer illiteracy among officers and lack of confidence from the public.

credible elections

Ekuru Aukot, a former ex-officio member of the CoE said the electoral body must demonstrate that it has the ability to deliver credible elections.

Former Attorney General Amos Wako noted that the Government has established various institutions but wondered if the are accountable to the people.

He said Kenyans have the responsibility of electing people who have leadership qualities and are committed to the implementation of the Constitution.

“If you elect wrong leaders, don’t expect the Constitution to come and protect you,” he cautioned.