Nyachae warns of oversight vacuum as Commission for Implementation of the Constitution tenure nears end

Commission for the Implementation of the Constitution chairperson Charles Nyachae on 11/11/2015 [PHOTO:JENIPHER WACHIE/STANDARD]

The Commission for the Implementation of the Constitution (CIC) has warned of an oversight vacuum in implementing the Constitution.

The commission, whose term expires in less than a fortnight said an independent and constitutionally protected body is imperative to ensuring successful implementation of the 2010 Constitution.

The commission said key components of the Constitution are still pending.

“In an ideal situation we need a body with sufficient independence and constitutionally empowered to oversee this process and protect it on behalf of Kenyans,” said CIC Chairman Charles Nyachae, yesterday.

The CIC boss said such a body was important since permanent institutions cannot be trusted with the monitoring and oversight role.

He said the commission told Parliament, when it appeared before it, that it was important to address how the Constitution will continue being implemented by a constitutionally independent body.

The commission, which has continued to send mixed signals on whether its five-year term should be extended or not, stated that the Constitution still has a long way for its full implementation.

“The framers of the Constitution were right in their thinking that neither the Executive nor the Legislature could be relied on to protect the Constitution,” he added.

Flanked by other commissioners, Nyachae said there are important provisions in the Constitution that have not been touched.

Nyachae, however, said they were not interested in seeking for extension of their terms but said Kenyans must now remain sufficiently vigilant and step forward in ensuring the Constitution is fully implemented.

He said it was time Parliament told Kenyans how their Constitution was going to implemented and ensure Bills passed are consistent with the Constitution.

“MPs should tell Kenyans they are not extending the life of CIC but this is the way the Constitution is going to be monitored and implemented,” he said, adding that such body will ensure proper handing over.