NAIROBI, Kenya, Nov 24 – Charles Nyachae has been nominated to chair the Commission for the Implementation of the Constitution in a surprise move that insiders say was made as a compromise, following a deadlock between the Orange Democratic Movement and the Party of National Unity.
The nomination was announced late on Wednesday after consultations between President Mwai Kibaki and Prime Minister Raila Odinga.
The two principals also nominated former Central Bank of Kenya Governor and the current chairman of Capital Markets Authority Micah Cheserem, to head the Commission on Revenue Allocation.
The nominations were announced in a statement from the President\’s Press Service.
It said: "Following consultations with Prime Minister Raila Odinga, President Mwai Kibaki has nominated the following persons as commissioners of the Commission for the Implementation of the new Constitution:
1. Charles Nyachae – Chairperson
2. Prof. Peter Wanyande – Member
3. Dr. Ibrahim M. Ali Member
4. Dr. Elizabeth Muli Member
5. Dr. Florence Omosa Member
6. Ms. Catherine Muma Member
7. Mr. Kamotho Waiganjo Member
8. Mr. Philemon Mwaisaka Wawaka Member
9. Mr. Kibaya Imaana Laibuta Member
Mr Nyachae was among eight top lawyers had been shortlisted by the Public Service Commission for the post of Chairperson of the CIC, but the President\’s advisor Kivutha Kibwana and the PM\’s advisor Mutakha Kangu had been seen as frontrunners.
Economist David Ndii had been touted as a top nominee for the post of chairman for the Commission on Revenue Allocation.
Other top contenders for the chairmanship of the CIC were former Law Society of Kenya chairpersons Gibson Kamau Kuria and Ambassador Raychelle Omamo.
Former Kiharu MP Kembi Gitura (Kenya\’s envoy to Belgium), the former Executive Director of Institute for Education in Democracy Koki Muli, and lawyer Mwangi Kariuki had also been shortlisted for the post.
The CIC is mandated to monitor, facilitate, and oversee the development of legislation and administrative procedures required to implement the Constitution.
It is required to co-ordinate with the Attorney-General and the Kenya Law Reform Commission in preparing for tabling in Parliament, the legislation necessary to implement the Constitution and ensure that the letter and the spirit of the Constitution are respected.
According to the Constitution, the CIC should be created within 90 days after the President promulgates the new law. The new law was signed by the President on August 27.
The CIC has nine members with the chairman being a person who is eligible to be a judge of the Supreme Court. The other members must be Kenyans who have degrees in law, public administration, Economics, Gender, Human Rights or Government.
Those on the interviewing panel include a representative from the Cabinet Office, Office of the Prime Minister, Ministry of Justice, National Cohesion and Constitutional Affairs. Others are from the State Law Office, Ministry of State for Public Service and the Public Service Commission.
"The President in consultation with the Prime Minister shall nominate within seven days a chairperson and eight other persons for appointment as chairperson and members of the Commission respectively and forward the same to the National Assembly," the CIC Act reads.
"The National Assembly shall, within fourteen days consider all nominations received under subsection (6) and approve or reject any nomination."
If Parliament approves the nominees, the Speaker shall within seven days forward the names of approved persons to the President for appointment.
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