Home » Media Centre » Blogs » On Constitution Implementation

On Constitution Implementation

Despite the enactment of several bills provided for in the constitution, the ongoing establishment of constitutional commissions, the continuing reforms of various arms of government and the recent resolution of the public spat between the Attorney General and the Commission for the Implementation of the Constitution on implementation, embracing a sense of all is well and back on track with the implementation of the constitution would be hasty.

Following the one year anniversary of its establishement the Commission for the Implementation of the Constitution has published on it’s website an article on status of the implementation of the constitution. The status update on the implementation process covers the implementation process, citizen participation, amendments to the Constitution, and the transition to devolved government. The update highlights several red flags and makes some rather worrying revelations about the implementation process, for instance:

  • Most of the bills developed have not been based on policies and the laws passed have not been reinforced by administrative procedures.
  • Some provisions in the enacted legislation either violate the letter of the constitution or are in conflict with the reformist spirit of the Constitution.
  • Certain legislation e.g. Contingencies Fund and County Emergency Funds Act, 2011 and the National Government Loans Guarantee Act, 2011, were enacted in direct violation of the due process laid out in Article 261 (4) and Section 5 (6)(b) of the Sixth Schedule to the Constitution. Lack of compliance with process for enactment of legislation calls into question the validity of these laws.
  • Inadequacy in the provisions of some legislation despite advisories issued by Commission for the Implementation of the Constitution to the various implementing partners.
  • The passage into law of certain legislation including some Private Member Bills, which have neither followed the constitutional procedure nor had public participation and yet they affect the implementation of the Constitution.

With the continual sidelining of the Commission for the Implementation of the Constitution over the last year some would argue that these gaps in implementation are unsurprising. However now that the spat between the Attorney General and the Commission for Implementation of the Commission has been resolved hopefully the two will work collaboratively as envisioned the constitution to work out the substantive implementation issues.

Full article “Status of the Implementation of the Constitution, on Year After the Establishement of the CIC”.

Posted by Mzalendo Editor on Jan. 12, 2012

Categories:  No tags

0 COMMENTS

POST YOUR COMMENT

You must login to comment

There are no comments.

Latest Posts

Extension of term Limits: A distraction or a strategic power grab?

TORs - Consultancy to Develop Training Manuals for CSOs on Digital Governance Framework

Will the shift from NHIF to SHIF result in a significant change, or will it be a case of "same monkeys, different forest

Inclusivity in Kenya: Reviewing efforts of the Gendered Lens approach

Public Participation: The Tax Collector's Nightmare

CSs Vetting, will Parliament step up to its oversight role?

Defending the Vital Role of Civil Society Organizations in Kenya

Press Release - 2023 Annual Parliamentary Scorecard

STATEMENT BY THE KENYA OGP CIVIL SOCIETY ORGANIZATIONS MULTISTAKEHOLDER FORUM ON THE #RejectFinanceBill2024 PROTESTS

Our low standards of leadership are breeding a disdainful crop of leaders

Categories

elections , IEBC. , parliament , political parties amendment bill , 12th parliament , last session , parliament legacy , budget , house business , data protection , data privacy , data privacy day , campaign financing , election campaign financing , election , special interest groups , youth , women , inclusion , openness , party primaries , young women , marginalized , fair , break the bias , gender equality , IWD , international women's day , transparency , access to information , democracy , inclusive politics , youth participation , electoral justice , women participation , political leadership , free and fair , nominations , political parties , 2022 , party nominations , coalitions , direct nomination , party consensus , negotiated democracy , political parties nomination , tors , PSC , Graft , Anti-Corruption , Accountability , Kemsa , Africa Anti-Corruption Day , women agenda , constitution , two-thirds gender principle , Pan-African Parliament , CSOs , Parliamentary Openness , Open Parliaments , PAP , legacy scorecard , citizen engagement , elections 2022 , manifestos , #GTokeze , Youth voices , Gtokeze , Youth Participation in Politics , women representation , women in politics , Separation of Powers , Parliament Oversight , Oversight , 13th Parliament , first 100 days , Executive , pending bills , tests , hunger , GMOs , food security , drought , women leadership , kewopa induction , Data Protection Act , Digital Safety , Digital Rights , Safer Internet Day , Parliament Resumption , standing orders , cabinet secretaries , Privatization Bill , open debt policy , public debt , two-thirds gender rule , presidential memo , Finance Bill , Finance Bill 2023 , ogw , open government week , ogp week , open governance , .war on corruption , independent Parliament , Parliamentary independence , 50 CASs , public participation , promises , High Court Ruling on CASs , ethical leadership , leadership and integrity , Chapter Six , misconduct , Consultancy , Terms of Reference , Power of Diaolgue , #PublicParticipation , #OGPLocal , #OGPKenya , #OGP , #Makueni , Legislation , OGP , OGP Kenya , County Assemblies , Devolution , upholding the Constitution , MPs conduct , Influence , Transformational Leadership , Democracy Academy , Strategic Leadership , pre-publication , unconstitutional , National Dialogue Committee Report , NADCO , representation , Summit for Democracy , Youth Leadership , Youth in Politics , SLAPP , media freedom , freedom of expression , strategic lawsuits against public participation , kia , doctors strike , flooding situation in Kenya , Finance Bill 2024 , Kenya , Representative Leadership , integrity , roles of an MP , leadership , vacancies , Press Statement , Annual Parliamentary Scorecard , human rights , constitutionality , vetting , Parliament independence , Katiba at 14 , Constitution of Kenya , SHIF , Universal Healthcare Coverage , Healthcare , Accessible , Affordable healthcare , NHIF , Checks and Balances , Term Extension