Nyachae says state and MPs against reforms

By RENSON MNYAMWEZI and RAWLINGS OTIENO

KENYA: The Commission for the Implementation of the Constitution (CIC) has lashed out at the government, accusing it of frustrating the implementation of the Constitution.

At the same time, CIC also accused Members of Parliament of failing to enact pieces of legislation whose timelines have passed.

Nyachae said the lawmakers have also been enacting laws with fundamental constitutional flaws.

“The problem of failure to respect the constitutional legislative process persists. In many instances, Article 261 (4) and Section 14 of the sixth schedule to the constitution have been observed more by breach,” said CIC Chairperson Charles Nyachae.

Nyachae said CIC was discharging its constitutional mandate and will continue engaging with various actors to overcome these challenges which otherwise pose a real and imminent danger to the implementation process.

“We are not delaying the implementation to seek extension of our tenure. We are discharging our mandate within the framework of the law and have no time seeking extension of our tenure as claimed by some politicians,” said Nyachae

He made the remarks during launch of the Annual Report 2013 at Wundanyi stadium in Taita Taveta County. The first CIC report was launched last year in Nairobi.

Nyachae was accompanied by among others Commissioner Philemon Mwaisaka and the County Governor John Mruttu.

“It is appropriate this year to launch it in a county outside the Nairobi capital. Our presence here in the region marks the complete coming into effect of the constitution of Kenya and in particular signifies the operationalisation of the system of devolved government established under Chapter 11 of the constitution,” he said.

Nyachae further hit out at the politicians calling for a referendum terming their proposal as premature.

 According to CIC, there has been resistance to change as forces of impunity have been undermining the constitutional mandate of commissions and independent offices.

Constitution Implementation Oversight Committee Chairman Njoroge Baiya admitted that Parliament had failed to pass laws as set out in the Constitution although they extended the deadlines to December this year.

“Parliament has done well although there are some laws that have not been passed as set out in the Constitution. We hope that Parliament will see the need and pass the laws,” said Baiya.

He cited the Campaign Finance Bill 2012 and the Media Bill, which were supposed to be passed by an August 27 (yesterday) deadline. The MPs marshalled 245 votes to add four months to the timeframe within which to enact the bills.

CIC now wants the national government to expedite the completion of phase one activities as provided for in the Transition to the Devolved Government Act.

Capacity building

“National government in consultation with the county governments should develop a comprehensive capacity building plan to increase capacities in the counties,” read part of a paid up advert by CIC on Tuesday.

The commission observed that phase one activities have remained incomplete. The Transition to the Devolved Government Act 2012 stipulates that 17 activities be undertaken during phase one of the transition processes.