| dc.description.abstract | This is the seventh quarterly report of the Commission for the Implementation of the Constitution
since its establishment. It covers the period of July to September 2012.
The mandate, specific functions and objects of the Commission as stipulated in the Constitution
and the Commission for the Implementation of the Constitution Act, (CIC Act), is to
monitor, facilitate and oversee the development of legislation and administrative procedures
required to implement the Constitution; to coordinate with the Attorney-General and the
Kenya Law Reform Commission KLRC) in preparing for tabling in Parliament the legislation
required to implement the Constitution; and to report every three months to the Constitutional
Implementation Oversight Committee on the progress and challenges faced in the
implementation of the Constitution.
Other functions of the Commission are to work with other constitutional commissions to ensure
that the letter and spirit of the Constitution is respected, the sovereignty of the people
of Kenya protected, observance by all State organs of the democratic values and principles is
observed and constitutionalism is promoted.
The Commission has defined six key result areas which guide its work on its mandate and
provide the basis for accountability to other institutions and the people of Kenya. These result
areas are:
Result 1: A respected, well-functioning and independent Commission effectively delivering
on its mandate.
Result 2: Policies which are compliant with the letter and the spirit of the Constitution.
Result 3: Laws which are compliant with the letter and the spirit of the Constitution.
Result 4: Effective institutional frameworks and administrative procedures for the implementation
of the Constitution.
During the reporting period, the Commission worked on policies, legislation and regulations
received from various Ministries as reported under the six key result areas.
The Commission encouraged the generation of comprehensive policies to guide development
of legislation. In this regard, the Commission received the Kenya Health Policy and a policy
framework on Education and Training from Ministries of Health and Education respectively.
The Commission received 20 Bills from various Ministries for review. Eight bills were reviewed
and forwarded to the AG, including the three Family Law Bills, the Election Campaign Financing
Bill, among others. At least six Bills were enacted into law. The Ratification of Treaties Bill
went through the Third Reading in Parliament, while the Consumer Protection Bill, was introduced
to Parliament as a private member’s Bill. The Commission also received advance copies
of the Office of the Attorney- General Bill, the Office of the Director of Public Prosecutions
Bill, the Contempt of Court Bill and the Magistrates’ Courts (Amendment) Bill. The Commission
also audited the four devolution Acts to ensure they are not inconsistent with each other.
The Commission also received a number of regulations including those related to elections,
public service commission, the guide for implementing human rights, and transition to devolved
government, among others. The Commission faced challenges including the curious
urgency of the Executive to fast track and table Bills in parliament before the Commission
had completed reviewing the Bills for consistency with the Constitution. The Leadership and
Integrity Act, 2012, for example, did not reflect the input and recommendations given by
the Commission and the public. In these circumstances, most of the draft Bills are under-researched
and therefore incapable of facilitating effective implementation of the Constitution.
Other challenges include the inordinate focus on developing legislation at the expense of
the requisite policies, administrative procedures and institutional frameworks that form an
enabling environment. During the reporting period only two policies were received in CIC,
against over 20 Bills.
To address some of these challenges, the Commission recommends increased public participation.
In addition, Bills already reviewed by the Commission should not be amended unless
completely necessary. | en |
