Commission for the Implementation of the Constitution
The Commission for the Implementation of the Constitution (CIC) is the
main body established by the Constitution – Section 5 of the 6th Schedule of
the Constitution and Commission for the Implementation of the Constitution
Act 2010. The CIC’s chief mandate is to ensure that the letter and spirit of the
constitution is respected during the implementation phase of the constitution.
The CIC is required to monitor, facilitate and oversee the development of
legislation and administrative procedures required to implement the constitution;
In this it will co-ordinate with the Attorney General (AG) and the Kenya Law
Reform Commission (KLRC) in preparing for tabling all legislation required to
implement the constitution; The CIC will report regularly to the Constitutional
Implementation Oversight Committee (CIOC) on the progress or impediments
to the process; To date the CIC has published two quarterly reports that give an
account of the experiences of CIC in the realization of its facilitative, monitoring
and constitution-implementation oversight role – the reports are available for
download at the CIC Website: www.cickenya.org. The CIC has also published
the schedule of legislations that are needed by August 27, 2011; these are
available for download at the CIC website.
Further, CIC is working with each constitutional commission to ensure that the letter and spirit of the Constitution is respected. In so doing CIC emerges as the most key actor outside parliament in the implementation of the constitution.
Participatory nature of CIC work
The commission has identified and shared with all key implementers and
with the people of Kenya, specific actions that will help nurture the spirit of
constitutionalism. The CIC is incorporating the participation of all Kenyans in
the implementation process by subjecting each of the bills under review to
stakeholder participation. In line with the constitutional requirement for public
participation in all processes of governance, Kenyans have been engaged in legislative processes through a range of public and stakeholder consultations as well as in the process of appointing key state officers such as the public procedure employed in the judicial nominations process as the country sought for persons to serve as Chief Justice, Deputy Chief Justice and the Director of Public Prosecutions. Stakeholder participation is also enhanced by putting in place an interactive website from which the stakeholders easily access bills and other related information.
CIC Commissioners are:
Mr. Charles Nyachae; Dr. Elizabeth Muli; Prof. Peter Wanyande; Mr. Kamotho Waiganjo; Ms. Catherine Muyeka Mumma; Dr. Ibrahim M Ali; Mr. Philemon Mwaisaka and Dr. Florence Omosa.
The Legislative Process:
The Constitution compels Parliament to enact the legislations required within
the timelines set out. However, there has been a sluggish pace in preparing and
discussing bills.
The laws that are of utmost urgency and which are required to be enacted within one year of the effective date of the Constitution are: Legislation on Kenya National Human Rights and Equality Commission; Legislation on Citizenship; Legislation on Ethics and Anti-Corruption Commission; Legislation on Elections; Legislation on Electoral Disputes; Independent Electoral and Boundaries Commission; Legislation on Political Parties; Vacation of office of Member of Parliament; Legislation on Power of Mercy; Legislation on System of Courts; Legislation on Removal of judicial officers from office; Legislation on Vetting of Judges and Magistrates; Legislation on Election and Removal of Speaker of County Assemblies; Legislation on Urban Areas and Cities; Legislation on Contingencies Fund and Legislation on Loan Guarantees by National
Government.
The Coalition Government has initiated the implementation process as bills are
being prepared and five have been passed into laws they are: The Independent
Electoral & Boundaries Commission Act, 2011; The Independent Offices
(Appointment) Act, 2011; The Supreme Court Act, 2011; The Judicial Service
Act, 2011 and The Vetting of Judges and Magistrate Act, 2011.
