CIC lashes out at MPs as its tenure ends

Charles Nyachae

The Constitutional Implementation Commission (CIC) wrapped its tenure in office by taking a swipe at Members of Parliament, whom it singled out for resisting efforts to fully implement the 2010 Constitution.

On its last day in office, the commission drew out its most venomous criticism, voicing concerns that MPs had in the last five years proved to be the worst culprits in working hard to short-change Kenyans.

The commission, through its chairman, Charles Nyachae, took a swipe at the National Assembly, accusing legislators of being ‘irresponsible’ and being ready to sacrifice the interest of the nation whenever their selfish pursuits are threatened.

“If you look at the number of times that Parliament has resisted clear constitutional provisions, especially those touching on their interests, it confirms that the people of Kenya cannot leave the implementation of the Constitution to them,” said Mr Nyachae, who also revealed that there had been no formal communication from Parliament regarding the way forward on constitutional oversight.

Acted irresponsibly

“Up to this point, Parliament has acted irresponsibly by failing to guide the country and make provisions on how the journey will be over-sighted. It has short-changed the people of Kenya. I hope this will be corrected soon,” he said.

Under the Constitution, Parliament has the final say on the renewal of the five-year tenure of the CIC commissioners.

It chose to let the commissioners go home, leaving a vacuum that can only be filled through the transfer of its functions to another body.

As the commissioners existed, they expressed concerns that the National Assembly was yet to provide any roadmap on the fully implementation of the Constitution.

Nyachae called on Kenyans to be on the lookout lest the constitutional gains so far made be rolled back.

“It is important that Parliament empowers any incoming body with the requisite powers to carry the process forward. In the absence of such a body, there is a real danger that the process will falter,” he said.

He warned that the end of the tenure of the commission could be the beginning of greater impunity in the country.

“In the absence of an independent oversight body, we are going to see drawbacks and greater resistance, which may ultimately yield to impunity,” Nyachae said.

Although the Kenya Law Review Commission was proposed in a House committee report as one of the bodies that could take over the mandate of CIC, this would require the passage of several laws to empower the institution.