The Commission on the Implementation of the Constitution (CIC)
- Monitor, facilitate and oversee the development of legislation and administrative procedures required to implement the constitution;
- Coordinate with the Attorney General and the Kenya Law Reform Commission in preparing for tabling in Parliament , the legislation required to implement the Constitution;
- Report regularly to the Constitutional Implementation Oversight Committee on progress in the implementation of the Constitution, and any impediments to its implementation; and
- Work with each constitutional commission to ensure that the letter and spirit of the Constitution is respected Section 15 (2) (d) enhances the functions of CIC by empowering Parliament, by legislation, to provide mechanisms that ensure that CIC can perform its role in monitoring the implementation of the system of devolved government effectively.
- CIC is obliged to carry out the above functions with the ultimate aim of achieving the objects of the constitutional commissions and the independent offices stated in Article 249 (1) namely to:
The Commission for the Implementation of the Constitution (CIC) was established by the Constitution of Kenya 2010, to monitor, facilitate, coordinate and oversee the implementation of the Constitution.
CIC, which is made up of a Chairperson and eight members, supported by a secretariat, formally came into being on 4th January 2011 when the Chairperson and the Commissioners were sworn in by the Chief Justice.
Its primary mandate is set out in Section 5 of the 5th Schedule to the Constitution. This mandate requires CIC to report regularly to the Constitution Implementation Oversight Committee of the National Assembly on progress in the implementation of the Constitution and any impediments to the implementation.
This Commission has special responsibility for seeing that the new bodies that the Constitution sets up are put in place. It will be disbanded when the Constitution is working properly.
The Act confers CIC with legal status, including the right to sue and to be sued. It also provides for the functions, powers, qualifications of, and appointment procedure for the Chairperson and members of CIC.
The Mandate, Functions and Role of CIC
- Protect the sovereignty of the people;
- Secure the observance by all State organs of the democratic values and principles;
- Promote constitutionalism.
The mandate of CIC is provided for in section 5 (6) and 15 (2) (d) of the Sixth Schedule and in Article 249 (1) of the Constitution. Section 5 (6) provides for the functions of CIC which are to:
Article 249 also provides that CIC is to be subject only to the Constitution and the law and is independent and not subject to direction or control by any person or authority.
The members of the Commission are Mr. Charles A. Nyachae – Chairperson; Dr. Elizabeth Muli-Vice Chairperson and Convener of the Public Service and Leadership Thematic Team; Prof. Peter Wanyande is the Convener of the Devolution Thematic Team; Ms. Catherine Mumma is the Convener of the Bill of Rights and Citizenship Thematic Team; Dr. Florence Omosa is the Convener of the Representation of the People & the Legislature Team; Mr. Kamotho Waiganjo is the Convener of the Public Finance Thematic Team; Mr. Kibaya Imaana Laibuta – is the Convener of the Judiciary and Constitutional Commissions Thematic Team; Dr. Ibrahim Ali is the Convener of the Land and Environment Thematic Team and Mr. Philemon Mwaisaka is the Convener of the Executive and Security Thematic Team.