CIC fears thorns still strewn on reforms course

By Abdikadir Sugow                               

Kenyans have been urged to remain vigilant in protecting gains of the new Constitution despite the teething challenges of its implementation.

Speaking at a consultative meeting with the civil society last week, Constitutional Implementation Commission (CIC) chairman Charles Nyachae said Kenyans should be tough on those out to derail implementation.

“What will save this process is public vigilance. We must be involved in the implementation of the Constitution to ensure we help the people understand the challenges and how they can win the process,” Nyachae told the meeting.

The talks agreed civil society has a pivotal role in the implementation, as the CIC chairman acknowledged his commission is a “transitional mechanism” with only three years left of its five-year term.

So three years from now who will ensure the letter and spirit of the Constitution continues to be implemented? CIC is throwing the gauntlet to the civil society.

 “Let us continue including the people in the process as we explore ways of working together through partnerships,” Nyachae said.

Commissioner Kamotho Waiganjo said: “Everything must be grounded in law. We must keep our eye on the ball and with a collective voice help the CIC, and then the politicians will listen.”

Forces of impunity should expect to contend with an emboldened civil society, which is now warning of the danger of elections and political conduct defining the pace of constitutional reforms, to the exclusion of wananchi. 

Citizens Coalition for a Constitutional Culture (4Cs Trust), which led the civil society groups to the CIC offices, said it is alarmed at the level at which the commission is being pushed to the periphery, yet it had a constitutional mandate to oversee the implementation.

Ultimate authority

“We are appealing to CIC not to cede its mandate to oversee the implementation of the Constitution and the authority bestowed upon it by the people of Kenya,” 4Cs Executive Director Ochieng’ Khairalla told the commissioners.

Noting that navigating the terrain of constitutionalism and legislation is difficult in a transition within a transition and a hostile political environment, he said the civil society would not relent in making ensuring ‘Wanjiku’ is involved in the process. Pledging to cultivate linkages with the CIC, Khairalla cautioned: “It seems like political calculations are taking control of reforms. We should direct the process on behalf of the people and not leave it to the emerging political culture to entrench itself, or else impunity may begin to mainstream itself and the nation will go down with it.”

Khairalla described CIC as a product of civil society and says the commission must, therefore, assert its mandate and constitutional authority by measuring up to the assignment.

He said 4Cs and other groups believe that historical injustices must be addressed, adding that the reason Kenyans wanted a new Constitution was because the old system had broken links with the society.

Commissioner Imaana Kibaaya Laibuta said the meeting had raised issues of interest on the welfare of Kenyans and that unless all stakeholders get things sight, Kenyans will be back to history.

“The Constitution has created various institutions with purpose and mandate – the Executive, the Legislature and the Judiciary. We are all role players in constitutional reforms. We have reforms within reforms. CIC is not alone in this process. We are in it together against forces of impunity and resistance to the reform process,” he said.

Public apathy and lack of awareness were other matters that arose during the meeting and CIC pledged to work with non-State actors to prepare the people for the positions that the law has created.

Commissioner Ibrahim Ali said the CIOC had also noted with concern that the Ministry of Environment last week tabled a Bill in Parliament after circumventing the commission, claiming it had Cabinet approval. The commission has now written to the Executive stating anybody who goes against the Constitution is unfit to hold office and should face the consequences.

Court action

“Whenever we ask why they are avoiding us, they tell us we are troublesome.  Join us and become troublesome too,” he told civil society, adding that if something is wrong and CIC goes to court, the courts should do the right thing.

Commissioner Philemon Mwaisaka agreed: “We are making noise. Join us. That is the only language the political class understand. Implementation is not easy as we are fighting selfish interest.”

“Kenya has changed a lot and we thank God for that, but let us not get satisfied with what we have achieved. We still have a long way to go and we can achieve it through unity and togetherness,” the commissioner added. Other commissioners present at the consultative meeting were Vice-Chairperson Elizabeth Muli, Peter Wanyande, Catherine Muyeka Mumma and Florence Omosa.