A Laws.Africa project
17 February 2012

Kenya Government Gazette dated 2012-02-17 number 14

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SPECIAL ISSUE




             THE KENYA GAZETTE
                                         Published by Authority of the Republic of Kenya
                                                        (Registered as a Newspaperat the G.P.O.)


Vol. CXIV—No. 14                                    NAIROBI, 17th February, 2012                                                   Price Sh. 50

GAZETTE NOTICE No. 2053                                                        This report is the first in a series of quarterly reports by the CIC to
                                                                               Parliament and the people of Kenya to inform them about the progress
 THE COMMISSION FOR THE IMPLEMENTATIONOF THE                                   being made in the implementation of the new Constitution. The reports
                 CONSTITUTION                                                  will also play the role of highlighting the challenges that could impede
  FIRST QUARTERLY REPORT ON THE IMPLEMENTATION OF THE                          implementation and offer ideas on how various stakeholders can work
                     CONSTITUTION                                              together to overcome such challenges. By providing these public
                                                                               reports the CIC will not only keep the public appraised on how the
                              March,2011                                       Constitution is turning into reality but will also ensure that the
FOREWORD                                                                       Commission is accountable to the people of Kenya in line with the
                                                                               nationalprinciples and valuesset out in the Constitution.
The Commission for the Implementation of the Constitution (CIC) is
the single most important institution that will ensure that the will and       Charles Nyachae
aspirations of the Kenyan people, as expressed in The Constitution of          Chairperson
Kenya, 2010 become a reality. The Chair and Commissioners
therefore bear a heavy responsibility, on behalf and for the Kenya             EXECUTIVE SUMMARY
people to ensure that decades long struggle for a new constitutional
dispensation results into prosperity, security, political stability and        The Commission for the Implementation of the Constitution (CIC) is
peace.                                                                         established under section 5 of the Sixth Schedule to the Constitution
                                                                               and the Commission for the Implementation of the Commission Act,
The rigorous process for selecting and vetting the Commissioners               2010 which waslegislated by the National Assembly in 2010.
ensured that their expertise and experienceis upto the task. Indeed, the
CIC hit the ground running immediately the Chair and the                       The mandate of CIC is provided for in section 5 (6) and 15 (2) d of the
Commissioners were sworm on 4th January 2011. Since that day,                  Sixth Schedule to and, in Article 249 (1) of the Constitution. Section 6
despite outstanding issues, such assettling the terms of service of the        provides for the functions of the Commission whichare:
Chair and the Commissioners and recruitment of the full staff
compliment, the Commission has made significant progress in                          (a)   To monitor, facilitate and oversee the development of
discharging its mandate and ensuring the adhering the deadlines set out                    legislation and administrative procedures required to
in the Constitution.                                                                       implementt this constitution;
                                                                                     (b)   To coordinate with the Attorney General and the Kenya
In its short life (three months), the CIC has already demonstrated its                     Law Reform Commission in preparing for tabling in
potential. The Commission is, however, acutely aware that Kenyans                          parliament , the Legislation required to implement this
expect even more in terms of technical work and leadership from the                        constitution;
Commission. Despite the achievements so far and the demonstrated                     (c)   Report regularly to the Constitutional Implementation
potential, the CIC will therefore not rest on its laurels but will continue                Oversight Committee on —
to strive to deliver the best to Kenya. Nevertheless, the task of                          (i)   progress in the implementation of this constitution:
implementing the new Constitution depends on all citizens and                                    and
stakeholders and each hasto play their part if the efforts of the CIC are                  (ii) any impediments to its implementation; and
to bear fruit. The support and engagement of all citizens and                        (d)    Work with each constitutional commission to ensure that
stakeholders will therefore be critical going forward.                                     the letter and spirit of this constitution is respected

Inevitably, the discharge of the CIC’s mandate will face challenges            The CIC is the focal institution charged with facilitating, monitoring
some of which have already started to crystallise. Being alive to these        and overseeing the implementation of the new Constitution. This
challenges and finding innovative ways to address them will an                 quarterly report concerns itself with the mandate and functions,
important aspect of the Commission’s work. Already, the CIC’s                  performance and activities of the Commission in the implementation
independence has been tested and questioned in controversies such the          process during the period between January and March 2011.
nominations saga. Other broader institutional, political and technical
challenges have also started to manifest themselves.
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