implementation of the constitution_an independent status report

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Implementation of the Constitution;

an Independent Status Report

B. W. Namano

8/27/2011


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Implementation of the Constitution; an Independent Status Report

Namano B. W. |ii

ACRONYMS AND ABBREVIATIONS

AG Attorney General

ASAP As Soon As Possible

CJ Chief Justice

CIC Commission for the Implementation of the Constitution

CIOC Constitutional Implementation Oversight Committee

CoE Committee of Experts

DPM Deputy Prime Minister

FIDA Federation De International Abogadas

IIEC Independent Interim Electoral Commission

KNBS Kenya National Bureau of Statistics

PM Prime Minister

PSC Public Service Commission

MP Member of Parliament

SWOT Strengths, Weaknesses, Opportunities, Threats

UNICEF United Nations Childrens Fund

YR Year


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EXECUTIVE SUMMARY

The complete implementation of Kenyas second constitution is expected to institute

several reforms. These include: considerable changes to the countrys government structure, a

broader concept of human rights, transparent appointment procedures for public officers,

entrenched institutional independence, power devolution, guaranteed checks and balances on

the executive among other expectations.

This independent report deliberates on the apparent progress made by Kenya in

implementing its second Constitution as of to date. The Author responds to the publics need

of having a general overview of the constitution a year into its enforcement.

The report performs a SWOT analysis of the implementation process and contains the

developed bills with their current status along the path of implementation.


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BACKGROUND

The Constitution which came into force at independence, on 12 December 1963,

guided Kenyas political and socio-economic development for 47 years and was subjected to

38 amendments.

After the postelection violence, from the disputed December 2007 Presidential

Election, 2 pieces of legislation were enacted to lead Kenyans to a new Constitution. One was

the Constitution of Kenya (Amendment) Act 2008 enacted on 22 December 2008 providing

the roadmap to constitutional reforms and established the organs and mechanisms for

constitutional review. The second was the Constitution of Kenya Review Act 2008, enacted

on 29 December 2008, which provided a legal framework for the organs and mechanisms

established under the Constitution of Kenya (Amendment) Act 2008.

The referendum held on 4 August 2010, monitored by the Independent Interim

Electoral Commission (IIEC), resulted in about 66.91% of the votes cast voting for the

adoption, against 30.69% of the voters voting against the adoption, of the Harmonized

Constitution proposed by the Committee of Experts (CoE).

Consequently, this new Constitution was adopted and officially became effective

when it was promulgated by the President on 27August 2010.

The enactment aspect entails the creation and implementation of legislations that are

exclusively in favor of the adopted constitution.


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ACKNOWLEDGEMENTS

The research and authorship of this report has been done independently without any

organizational affiliation or vested economic or political interest.

This report benefits from other official reports drawn by key stakeholders in the

process and observations made by opinion leaders. The information, statistics and comments

used to finalize this report were researched and derived from various institutions official

websites.


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TABLE OF CONTENTS

ACRONYMS AND ABBREVIATIONS ..................................................................................................... ii

EXECUTIVE SUMMARY ......................................................................................................................... iii

BACKGROUND ......................................................................................................................................... iv

ACKNOWLEDGEMENTS .......................................................................................................................... v

TABLE OF CONTENTS............................................................................................................................. vi

LIST OF TABLES ...................................................................................................................................... vii

INTRODUCTION ........................................................................................................................................ 1

A SWOT ANALYSIS OF THE CONSTITUTIONAL IMPLEMENTATION PROCESS ......................... 3

STRENGTHS ..................................................................................................................................... 3

WEAKNESSES .................................................................................................................................. 6

OPPORTUNITIES.............................................................................................................................. 8

THREATS........................................................................................................................................... 9

CONCLUSION........................................................................................................................................... 11

APPENIX: Summary of Progress made in the Development of Legislation.............................................. 14

BIBLIOGRAPHY....................................................................................................................................... 26

ABOUT THE AUTHOR............................................................................................................................ 29


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LIST OF TABLES

Table 1: BILL TRACKER as at 27 August 2011 ....................................................................................... 14


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INTRODUCTION

A constitution is a body of fundamental principles by which a State or other body is

governed1; its the supreme law upheld by an establishment and takes precedence over any

rule exercised within the confines of its laid down limits. In this regard, its unchallengeable

legal superiority demands that all acts fully conform to its stipulated framework or otherwise

be deemed as void and consequently be nullified.

The constitution is immune from any indictment in the span of its execution; its

legality or validity can never be questioned nor be challenged at any point in time or place.

Everything drafted in a constitution is esteemed as absolute truth and therefore revered by

those subject to it.

In essence, we are sold under a constitution of our own choosing; we surrender and

are brought into bondage to its dictates. We live by it and owe our primary allegiance to it.

On the 4th of August 2010, Kenyan citizens approved a new constitution (the

Constitution) in a national referendum. 2 Consequently, the New Constitution was officially

promulgated by the President3 on the 27th of August 2010-the Effective Date-Article 263.4

Under the preamble section of this document, the people of Kenya vowed to adopt, enact and

1Pocket Oxford Dictionary, Oxford University Press, Walton Street Oxford OX26DP, March 1994.

2OESDRL, Kenya, State, 2010, p.1, retrieved 9 August 2011,

http://www.state.gov/documents/organization/160127.pdf>.3

A Waki & W Gituro, The NewConstitution of Kenya: the Process of Implementation, Coulson Harney Nairobi,

2011, p. 1, retrieved 16 August 2011,

.4

The Proposed Constitution of Keya, The Attorney-General, Nairobi, 2010, p.153, retrieved 19 August 2011,


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give the constitution to themselves and to their future generation.5 By approving the proposed

constitution, Kenyans freely chose to abide by all its statutes.

According to the 6

th

Schedule of the Constitution, the Constitutional Implementation

Oversight Committee (the CIOC) and the Commission for the Implementation of the

Constitution (the CIC) are to drive the implementation process.6

The CIOC is the primary implementation institution constituted on 5 October 2010 by

parliament. Composed of 27 parliamentarians drawn from all sides of the political divide but

under the chairmanship of Hon. Hussein Mohammed Abdikadir, it is to coordinate with the

Attorney-General (AG), the CIC and relevant parliamentary committees to ensure the timely

introduction and passage of the required legislation among other duties. It is the organ that

must ensure the successful implementation of all legislations as demanded by the

Constitution within the least period of time.7

The CIC came into being on 4

th

January 2011 when the Chairperson and the

Commissioners were sworn in by the CJ.8 CIC is charged with facilitating, monitoring and

overseeing the implementation of the Constitution.9. It is also to liaise with the AG, Kenya

Law Reform Commission in preparing bills for tabling, report to the CIOC on and progress

and any impediments in the implementation. It is to detail the bills to the last iota. 10

5ibid., p.153.

6The Proposed Constitution of Keya, op. cit., p. 169.

7ibid.

8Commission for the Implementation of the Constitution, CIC Quarterly Cover Final, CIC Kenya, March 2011, p.

ii, retrieved 17 August 2011, .9The Proposed Constitution of Keya, op. cit., p. 6.10

ibid., p. 170.


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A SWOT ANALYSIS OF THE CONSTITUTIONAL IMPLEMENTATION PROCESS

This report intends to explore the Strengths, Weaknesses, Opportunities and Threats

perceived, in the last year, during the Constitutional implementation process.

STRENGTHS

The CIOC has so far succeeded in synchronizing the different works done by the

multiple institutions mandated to work together towards the passage of laws necessary for the

further implementation of the Constitution.

The 9 member CIC team consists of intellectuals and persons with tones of experience

in public administration, human rights and government: Mr. Charles Nyachae as Chairperson,

Vice Chairperson Dr. Elizabeth Muli, Dr. Ibrahim M Ali and 6 University of Nairobi degree

holders (Prof. Peter Wanyande, Dr. Florence Omosa, Ms. Catherine Mumma, Mr. Philemon

Mwaisaka, Mr. Kamotho Waiganjo and Mr. Kibaya Imaana Laibuta) as conveners; each

assigned individual thematic teams with specific tasks. 11 These commissioners, under the

direction of the Chairperson, have mapped out an implementation plan, reached out to the

public seeking their active participation, engaged stakeholders and development partners in

productive consultations while professionally facilitating, keenly monitoring and

coordinating CICs activities.

Noticeably, the CIC commission understands its great significance and the imperative

responsibilities it bears in the implementation process; in the execution of its mandate, CIC

has faithfully adheres to Article 10 of the Constitution in addition to conjuring its own noble

values and principles that affirm the former and guide the Commission in its endeavors.12

11Commission for the Implementation of the Constitution, op. cit., p 38-40.

12ibid., p.5.


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The checks and review mechanisms inscribed in the Constitution have stirred the

implementation process on course. For instance, in the 5th Schedule are listed the fundamental

Legislations to be enacted by Parliament with a time line tagged to each one of them; the

schedule gives a prioritization scale for primary Legislations making it a sensible guide

essential to the timely enactment of bills. Plus, seeing that this schedule constitutes part of the

supreme law of the Republic13, it is imperative that it be strictly adhered to in the spirit of

the Constitution.

Article 261 (5) to (7) gives petitioning powers to the people and outlines the steps to

be followed incase parliament derails the implementation process.

(5) If Parliament fails to enact any particular legislation within the specified

time, any person may petition the High Court on the matter.

(6) The High Court in determining a petition under clause (5) may

(a) make a declaratory order on the matter; and

(b) transmit an order directing Parliament and the Attorney-General to take

steps to ensure that the required legislation is enacted, within the period specified in

the order, and to report the progress to the Chief Justice.

(7) If Parliament fails to enact legislation in accordance with an order under

clause (6) (b), the Chief Justice shall advise the President to dissolve Parliament and

the President shall dissolve Parliament.14

Article 4 (2) states, The Republic of Kenya shall be a multi-party democratic

State15 In the dispensation of this democratic atmosphere, the law making process

13ibid., p. 13.

14ibid., p. 152.


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demands the collective indulgence of the CIOC, the CIC, the AGs office, Government

ministries, specialist task forces, the Kenya Law Reform Commission and the public in the

generation, discussion, quality control, consensus building, and passage of the laws. As a

result, the enacted laws perfectly reflect the norms of the Kenyan society as outlined in the

constitution and conform to the ideals of a vibrant democratic system.

Stakeholder consultations have enriched the lawmaking machinery; this new tact in

the legislation process has resulted in the design\of high quality proposed bills that are

debated and speedily enacted into law.16

According to Article 261 (2),

... the National Assembly may, by resolution supported by the votes of at least

two-thirds of all the members of the National Assembly, extend the period prescribed

in respect of any particular matterby a period not exceeding one year.17

The constitutions flexibility gives leeway for consensus building over issues that are critical

to the legislation process but prove to be trivial and in need of more consultations and time.

As a result, the drafted bills reflect more than personal or partisan interests but capture public

interests.

15ibid., p.14.

16K Kibwana, It has been a great journey with a new Constitution, lets respect its principles, The Standard |

Online Edition, 22 August 2011, retrieved 22 August 2011,.17

The Proposed Constitution of Keya, op. cit., p. 152.


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WEAKNESSES

In Article 261 (4),

the Attorney-General, in consultation with the Commission for the

Implementation of the Constitution, shall prepare the relevant Bills for tabling before

Parliament, as soon as reasonably practicable, to enable Parliament to enact the

legislation within the period specified.18

Though it was anticipated that the AGs office was to liaise with the CIC in the drafting of

new bills, the Constitution fails to clearly outline its specific roles as it does those of the CIC.

Consequently, as noted by Brian Ikol, The Office of the Attorney-General has fallen short of

its mandate to give legal opinion in terms of faithful implementation of the Constitution and

this has led to a lack of clarity in the implementation process.19

Selective reading of the document, by stakeholders, has led to occasional

misinterpretation of some Constitutional provisions. Consequently, conflicting bills regarding

the same subject are developed leading to delays in the process as time is spent in resolutions

and consensus building.

The Kenyan parliament had to deal with a backlog of about 15 bills in less than a

week owing to the Executives laxity in facilitating the process; as of 22 August 2011, it had

only passed 7 major laws since the constitution was promulgated. The DPM, Hon. Musalia

Mudavadi, noted that the sudden rush to beat the deadline meant minimal interrogation of

bills; a move that does not augur well with the spirit of enacting good laws20 FIDA, through


19B Ikol, The Commission for the Implementation of the Constitution, Second Quarterly Report on the

Implementation of the Constitution, CIC Kenya, June 2011, retrieved 17 August 2011,

.20

M Mwajefa, Mudavadi rules out August poll date, Daily Nation, 22 August 2011, retrieved 22 August 2011,


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its chairperson Naomi Wagereka, shared similar sentiments stating that the country risked

passing laws that were unconstitutional.21

As of 22 August 2011, the CIC had a staff of 77 (45 seconded by the Government and

32 recruited by CIC.) while a study, commissioned by the PSC, came up with a tentative

staffing requirement of 117. There are claims that the Executive has been frustrating CICs

staffing exercises; allegations to which the PM, Hon. Raila Odinga, strongly refuted adding

that the Government could only second CICs staff if requested to do so.22 In this light, it

should be the exclusive prerogative of the commission to recruit its staff to maintain its

integrity and that of the process.

According to a 2004-2008 statistical survey by UNICEF, 92 % of the male and 93 %

of the female youth (15-24 yrs) population in Kenya are literate; in overall, Kenya has an

adult literacy rate of 87 % (2005-2008).23 Even though most Kenyans can read and write, a

majority either live obliviously or have limited access to first hand information; with a

population of 38, 610,097 according to the 2009 census results, 74 % of Kenyans own a

radio, about 28 % have the luxury of watching a TV set, 63.2 % poses a mobile phone, only

3.6 % can call a computer their own 24and out of 100 people in Kenya only 9 access and use

the internet.25

The Bill Tracker on CICs website is often outdated while Parliaments is revised after

lengthy intervals. In addition, both are hardly in synch. This is misleading and confusing!

21N Wagereka, FIDA: Rushed law process dangerous, Capital FM, 20 August 2011, retrieved 23 August 2011,

.22

P Opiyo, A Ndegwa & D Ochami, State bows to pressure, agrees to pay CIC salaries, The Standard | Online

Edition, 20 July 2011, retrieved 22 August 2011,

.23

United Nations Childrens Fund, UNICEF Kenya Statistics, UNICEF, 2009, retrieved 24 August 2011,

.24

W Oparanya, 2009 Population and Housing Census Results, Kenya National Bureau of Statistics, 2009, pp. 32-38, retrieved 12 August 2011, .25

UNICEF, loc. cit.


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OPPORTUNITIES

Theres plenteous room for public education and awareness campaigns to enlighten

the people on matters constitutional; this can be a voluntary initiative from legal experts, civil

societies or the media provided it is done in sincerity without partiality. This uzalendo (true

citizenship) gesture to eradicate ignorance, will erode public gullibility, instill the spirit of

this Constitution, revive a sense of public allegiance and respect for the Constitution plus

foster public participation in the implementation process.

To pass more bills in time and beat deadlines without compromising on their quality,

pressure on the cabinet should be eased by the immediate reconstitution of an agenda

centered Legal Affairs Committee to succeed the previous regime that was dogged by endless

political tussles and controversies since February; it was finally banned by parliaments

House Business Committee when it failed to appoint a new chairperson on the evening of

16th August, 2011. According to the Hon. Musalia Mudavadi, A non-functioning Legal

Affairs committee and partisan interests among the political divide are to blame for the

backlog of Bills at different stages of the implementation process26

The inclusion ofwanjiku in stakeholders meetings is wanting. So far, a majority of the

forums conducted have sought the opinions of persons from the professional or learned class

while ignoring the majority established in the rural and informal sectors.

26Mwajefa, loc. cit.


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THREATS

Sabotage by Legislative and members of the Executive who not only misinform the

public on bills and enactment procedures, but also deliberately invent gray areas in the

Constitution to maliciously impede the implementation process.

The un-receding chaos in the Kenyan government, work against the implementation

process. Having been constituted by the National Accord and Reconciliation Act 2008, after

the so called Agreement on Principalities of Partnership of the Coalition Government on 28

February 2008, 27 the local and international socio-political developments have done little to

foster the accords ideals. i.e. to enable Kenyas political leaders to look beyond partisan

considerations with a view to promoting the greater interest of the nation as a whole 28 In

fact, Kenyans have watched a coalition of convenience being marred by railing accusations

of: mistrusts, betrayals, wrangles, impunity, impenitence, irresponsibility, greed, corruption,

fallouts to name but a few vices. With just a year to the next elections, things are bound to get

worse as allies sever ties and foes embrace in bid to capture power.

The remuneration packages being paid by the government to the CIC commissioners,

as was recommended by the PSC, are on the higher side:29 The chairperson makes Kshs 1.24

million a month inclusive of allowances and is entitled to a leave allowance of Kshs 65,000

p.a. The vice chairperson is paid Kshs 1.12 million p.m., and Sh50, 000 a year as leave

allowance. The other six commissioners take home Kshs 1.09 million p.m. and an annual

leave allowance of Kshs 50,000. Note that the CIC shall stand dissolved 5 years after it is

established or at the full implementation of this Constitution, whichever comes first.

27S Wako, The National Accord and Reconciliation Bill 2008, Kenya Law Reports, 2008 , p. 9, retrieved 22

August 2011, p. 9,

.28 S Wako, op. cit., p. 6.29

P Opiyo, loc. cit.


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However, the National Assembly may, by resolution, extend its life.30 If we consider the first

scenario, then in 5 years times the burden on the taxpayer by the:

Assuming there are no reviews to these packages and all other factors are kept constant, the

total burden on the common taxpayer in 5 years becomes:

Are these figures fiscally sustainable? Know that at least 56 per cent of the Kenyan

population was living below the poverty line as of 2003 and at the current trend, it is

projected that 65.9 per cent of the Kenyan population will be living below the (1dollar a day)

poverty line by 2015.31 In this light, theres need to establish the Salaries and Remuneration

Commission (Article 230) ASAP.


31

The Ministry of Planning and National Development, UNDP Kenya & The Government of Finland, MillenniumDevelopment Goals in Kenya; Needs & Coast, UNESCO, 2005, p. 4, retrieved 12 August 2011,

.


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CONCLUSION

Until 24 August 2011, only a handful of the 25 Bills to be enacted as proposed by the

constitution had been signed into law. These are: The Independent Offices (Appointment)

Bill 2011, The Vetting of Judges and Magistrate Act 2011, The Judicial Service Act 2011,

The Independent Electoral & Boundaries Commission Act 2011, The Supreme Court Act

2011, The Independent Offices (Appointment) Act 2011, The Commission for the

Implementation of the Constitution Act 2011, The National Gender and Equality Commission

Bill 2011 and The Salaries and Remuneration Commission Bill 2011.32

On 23 August 2011, the House Business Committee approved Motions to have

legislatures sit extra hours for three consecutive days starting the 24th of August 2011 to

debate Bills that must be passed by the Legislature and signed into law on the 26th of August

2011.

The Kenyan parliament passed a procedural Motion, on the 25th of August to reduce

the process of introducing, debating and approving The Commission on Revenue Allocations

Bill 2011, The National Government Loans Guarantee Bill 2011, and The Contingencies

Fund and County Funds Emergency Bill 2011 from the traditional 14 days to 1 day.

As a result, on Thursday the 25th, the House passed a record six Bills in just over two

hours. The 6 Bill passed were: The National Police Service, The Commission on

Administration of Justice, Power of Mercy, Environment and Land Relations Court, Urban

Areas and Cities, and The Citizenship and Immigration Bills.

On Friday, 26 August 2011, the MPs approved The Kenya Citizens and Foreign

Nationals Management Service Bill 2011, The Contingencies Fund and County Emergency

32

Kenya National Assembly 10

th

parliament, 4

th

Session, Bill Tracker as at 24

th

August 2011, Parliament ofKenya, 2005, pp. 2-6, retrieved 23 August 2011,

.


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Funds Bill 2011, The Elections Bill 2011, The National Government Loans Guarantee Bill

2011, and The Commission on Revenue Allocation Bill 2011 after hasty amendments.

So far, the process has considered approximately 46 Bills. 24 enacted, 1 awaiting

AGs publication having already been approved by Cabinet, 1awaiting cabinet approval, 18

still undergoing CICs internal review and stakeholder consultation while 2 are on hold.

Out of the expected 24 bills to be completed within year one of the Constitution

of Kenya 2010, only the Public Finance Management bill delayed by policy differences

between stakeholders is yet to be completed by CIC.

33

While addressing Kenyans on the Constitution promulgation anniversary, the

president-Hon. Emilio Mwai Kibaki,-notes,

Our National Assembly and all the other institutions concerned have passed twenty-

five laws which directly impact on the implementation of the Constitution. These are the laws

itemized in the Fifth Schedule of the Constitution. 34

Article 3 (1) of the Constitution (regarding its defense) states that Every person has

an obligation to respect, uphold and defend this Constitution.35 This responsibility is

bestowed upon every Kenyan-minors and adults alike; failure to observe this rule is

tantamount to an act of hostility in direct violation of the constitution.

It is paramount to appreciate and participate in the constitutional implementation

process.

33Commission for the Implementation of the Constitution, CIC meets target deadline for 23 bills, CIC Kenya, 17

August 2011, retrieved 17 August 2011, .34

President Kibaki addresses Kenyans on Constitution promulgation anniversary, Mwakilishi, Kenya, 26 August

2011, retrieved 26 August 2011, .35

The Proposed Constitution of Keya, op. cit., p.14.


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Since this is NOT a sanctioned report, there are no recommendations proposed in it.

Instead, they can be deduced from the preceding SWOT analysis.


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APPENIX: Summary of Progress made in the Development of Legislation

From the Constitutions 5th Schedule, one can derive the Legislations Implementation Schedule details as computed in Table 1.The

Apparent Progress indicators-as of 27 August 2011- are compiled from Bill Tracker sources at CICs, parliament of Kenya and other media

sources official websites.

Table 1: BILL TRACKER as at 27 August 2011

From Table 1, one can gauge the progress made in the Implementation process a year after its promulgation.

Timeframe

Event/Legislation

Ref.

Apparent Progress of BILLS along the path of Implementation

Enacted intolaw

Passed byParliament

awaitingPresidential

Assent.

BeforeParliament for

debate

Forwardedto

AttorneyGeneral forpublication

Awaitingpublication;

Alreadyapproved by

Cabinet

Awaitingapproval

by cabinet

Undergoinginternal review &

stakeholderconsultation

OnHold

2months

Establishmentof the Judicial

ServiceCommission

sixthschedule,section20 (1)

TheCommission onAdministration

of Justice Bill,2011


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3months

Establishmentof the

Commission forthe

Implementationof the

Constitution


TheCommission for

theImplementation

of theConstitution,

Act 2011

Establishmentof the

Commission oRevenue

Allocation


TheCommission on

RevenueAllocation Bill,

2011

9months

Salaries andRemunerationCommission

sixthSchedulesection25 (2)

The Salaries &Remuneration

Bill 2010 &2011


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1year

Legislation oncitizenship

article 18 The KenyaCitizenship and

ImmigrationBill, 2011

The KenyaCitizens and

ForeignNationals

ManagementService Act,

2011

Kenya NationalHuman Rightsand EqualityCommission

article 59 The NationalCommission on

Gender Act,2011

The KenyaNational

Human RightsCommissionAct, 2011

TheOmbudsmanCommissionAct, 2011


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Ethics and anti-corruption

commission

article 79 The Ethics andAnti-

CorruptionCommission

Bill, 2011

Legislation onelections

article82

The Election

Bill, 2011Electoraldisputes article 87

Independentelectoral andboundariescommission

article88

TheIndependentElectoral &Boundaries

CommissionAct, 2011

Legislation onpolitical parties

article92

The PoliticalParties Bill,

2011Vacation of

office ofmember ofParliament

article103

Power ofmercy

article133

The Power ofMercy Bill, 2011


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System ofcourts

article62

The JudicialService Act,

2011

Establishmentof the Supreme

Court andappointment o

judges

Article21 (1)

The SupremeCourt Act, 2011

Removal fromoffice of judicial

officers

article168

Vetting ofjudges andmagistrates

sixthschedule,section

23

The Vetting OfJudges And

Magistrate Act,2011

Election ofspeaker of

countyassembly

article178

Legislation on

governance ofurban areas andcities

article

184

The Urban

Areas and CitiesBill, 2011


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Contingenciesfund

article208

TheContingencies

Fund andCounty

EmergencyFunds Bill, 2011

LoanGuarantees by

nationalgovernment

article213

The NationalGovernment

LoansGuaranteeBill,2011

1.5years

Legislation onland

article 68 TheEnvironment

and Land CourtBill, 2011

Legislation oneffect of

Chapter 11

DevolvedGovernment

article200,sixth

schedule,section15

The Transition toDevolved

Government Bill,

2011

Removal ofcounty

governor

article181


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Vacation ofoffice of

member ofcounty

assembly

article194

Revenue fundsfor county

governments

article207

The CountyGovernments

Financial

Management Bill,2011

2years

Legislation onleadership

article80

Right of recall article104

Determinationof questions ofmembership of

parliament

article105

Right topetition

parliament

article119

Assumption ofoffice ofpresident

article141

Judiciary fund article173


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Financialcontrol

article225

Public FinancialManagement Bill

Nationalsecurity organs

article239

The NationalSecurity Council

Bill, 2011

The NationalIntelligence

Service Bill, 2011Command ofthe NationalPolice Service

article245

The NationalPolice ServiceCommission

Bill, 2010

3years

Freedom of the articleSupport for

countygovernments

article190

Publicparticipationand county

assemblypowersprivileges andimmunities

article196

The DevolvedGovernment Bill,

2011

Countyassembly,

article197


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gender andbalancediversity

4years

ConsumerProtection

article46

Fairadministrative

action

article47

Fair hearing article50

Rights ofpersons

detained or heldin custody

article51

Legislationregarding

environment

article72

Accounts andaudit of public

entities

article226


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Procurement opublic goodsand services

article227

Values andprinciples ofpublic service

article232

5years

Legislation inrespect of

article 11

Family article45

Family ProtectionAct, 2007

The Marriage Bill,2011

Communityland

article 63

Regulation ofland use and

property

article 66

Agreements

relating tonatural

resources

article 71


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Promotion ofrepresentationof marginalized

groups

article100

Any otherlegislation

required by the

NewConstitution

TheIndependent

Offices

(Appointment)Act 2011

TheEmploymentand Labour

Court Bill, 2011

TheIndependent

Policing

OversightAuthorityBill, 2010

TheRatificationof Treaties

Bill, 2011

TheIntergovernmental

Fiscal Relations

Bill, 2011The Births and

Deaths registrationBill, 2011

TheIntergovernmental

Relations Bill,2011

The Refugee Bill,2011

The Matrimonial

Property Bill, 2011

Identification andRegistration ofKenya Citizens

Bill, 2011

ThePrivateSecurity

IndustrialRegulationBill, 2010

TheNationalCoroners

Service Bill2010 &

2011


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Public FinancialManagement Bill

The National LandCommission Bill

2011

The Controller ofBudget Bill, 2011

Re-organisationand

restructuring ofthe Provincial

Administration

SixthSchedulesection

17

Bill Count 24 0 0 0 1 1 18 2


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BIBLIOGRAPHY

Commission for the Implementation of the Constitution, CIC meets target deadline for 23

bills, CIC Kenya, 17 August 2011, retrieved 17 August 2011,

.

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ABOUT THE AUTHOR

The author, B. W. Namano, holds a BSc degree in Instrumentation and Control

Engineering from Egerton University. He conducts research and authors reports and articles

on issues relating to development, policies, governance, democracy, constitutional politics

and civil society among others.

B. W. Namano.

Email: [email protected]

implementation of the constitution_an independent status report

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