NAIROBI, Kenya, Aug 24 – The Cabinet on Tuesday approved the Bill for the creation of the Commission for the Implementation of the Constitution and would sit again on Wednesday to discuss Friday\\\’s promulgation ceremony.
The Cabinet meeting chaired by President Mwai Kibaki reiterated the government’s commitment to a speedy and smooth implementation of the new Constitution.
The Bill will pave way for an Act of Parliament to provide for the functions, powers, qualification of, and appointment procedure for members of the Commission for the Implementation of the Constitution and for connected purposes.
The commission is expected to be in place within 90 days from the effective date while Parliament is obligated to enact various legislations and sets out the timeframe for the enactment ranging from 60 days to five years.
Officials from the Ministry of Justice and Constitutional Affairs have been spearheading the preparation of four Bills to jumpstart the implementation process for approval by Cabinet.
These include the Commission on Implementation of the Constitution Bill, the Supreme Court Bill, the Elections Bill and the Judicial Service Bill.
The Government has the in the recent passed expressed confidence that Parliament would pass the Bills in the next three months.
The main objective of the Commission for the Implementation of the Constitution Bill 2010 is to provide for the qualification and appointment procedure of chairperson and members of the Constitution Implementation Commission established under the 6th Schedule of the constitution.
The Commission is established primarily to oversee the implementation of the New Constitution of Kenya that is set to be promulgated on August 27.
The Commission shall in accordance with the Constitution be a body corporate with perpetual succession. The Headquarters of the Commission shall be in Nairobi, but may establish branches at any place in Kenya.
The function of the commission shall be to co-ordinate with the Attorney-General and the Kenya Law Reform Commission in preparing for tabling in Parliament, the legislation required to implement the Constitution.
It will also work with each constitutional Commission to ensure that the letter and the spirit of the Constitution is respected.
The Commission will also be expected to report regularly to the Constitution Implementation Oversight Committee on the progress in the implementation of the Constitution and any impediments to the implementation of the constitution
The Commission shall consist of a Chairman and eight other members appointed in accordance with the constitution and the provisions of the Act.
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