After vote, long road to enforcing Kenya law

August 6, 2010 12:00 am

, NAIROBI, Kenya, Aug 6 – With Kenyans having overwhelmingly endorsed the proposed Constitution; hard work starts now in its implementation, with the Executive and Parliament playing crucial roles in meeting deadlines that span between two weeks and five years.

President Mwai Kibaki is required to promulgate the new law within the next 14 days failure to which, it automatically becomes law. 

Within the 14-days, the Interim Independent Dispute Resolution Court will determine any contest to the final results of the referendum or any dispute challenging the new law.

After promulgation, a new Parliamentary Select Committee to be known as the Constitutional Implementation Oversight Committee and the Implementation Commission will be formed to oversee the realisation of the new law.

The next one year will be filled with flurry of appointments as major commissions are constituted as well as the appointment of new top civil servants.

The Chief Justice will be the first top government official to exit, as the President in consultation with the Prime Minister, are required to appoint a new Chief Justice within six months.

Within one year, the duo will be required to appoint constitutional office holders including a new Attorney General, Director of Public Prosecutions, the Auditor-General and the Controller of Budget.

Others are police chiefs including a new Inspector-General of the National Police Service and two Deputy Inspector-Generals in charge of Kenya Police Service and the Administration Police.

The clean-up of the Judiciary will also begin almost immediately with the reconstitution of an inclusive Judicial Service Commission (JSC) within 60 days.

The new JSC shall play a key role in vetting all the judges and magistrates and recommending the judges to be appointed to the new Supreme Court all these within the next one year.

Within the year, Parliament shall enact legislation establishing mechanisms and procedures for vetting, within a timeframe to be determined in the legislation, the suitability of all judges and magistrates currently in office.

A new commission to be in charge of distributing the national resource to be named the Commission on Revenue Allocation shall be constituted within 90 days.

The Salaries and Remuneration Commission that shall harmonise and from henceforth determine salaries review of all public servants shall be constituted within nine months.

The commissioners of the Kenya National Commission on Human Rights and the commissioners of the National Commission on Gender and Development shall become new members of the Kenya National Human Rights and Equality Commission for their unexpired term.

The chairperson of the Kenya National Commission on Human Rights Florence Jaoko shall be the chairperson of the new Commission for her unexpired term, and the chairperson of the Gender Commission shall be the Vice-Chairperson of the Commission for her unexpired term.

Also within the next year the Independent Electoral and Boundaries Commission shall be constituted to supercede the Interim Independent Electoral Commission (IIEC) and the Interim Independent Boundaries Review Commission (IIBRC)

Within five years after the effective date, the national government shall restructure the system of provincial administration in accordance with and respect the system of devolved government established under this Constitution.


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