Nyachae, AG’s office forge teamwork

September 9, 2011 9:31 am

, AG Prof Githu MuigaiNAIROBI, Kenya, Sep 9 – Attorney General Githu Muigai on Friday met with the Commission for the Implementation of the Constitution (CIC) to map a way forward on the enactment of Bills whose deadline expires in six months.

They include legislation on Land, Removal of County Governors, Vacation of Office of County Assembly, legislation on Devolved Government and Revenue Funds for the County Governments.

The AG said regular consultations will ensure a thorough screening of Bills and avert the type of last-minute-rush witnessed a week to the first anniversary of the new Constitution.

”The essence of team work means we begin to recognise the unique skills and abilities of each member, and we maintain constant communication for the common goal.  Such an environment will preclude unnecessary court litigations which jam the implementation” Prof Muigai told the CIC delegation.

In the first phase of the implementation process, which ended on August 26, twenty one Bills were enacted into Law, exceeding the 16-Bill target anticipated in The Fifth Schedule of the Constitution.

Nine other Bills will have to be enacted within two years and eight Bills within four years. The last batch of seven Bills is envisaged to become Acts of Parliament within five years.

”Our two Offices, playing complementary roles for the common good of Kenyans, should avoid antagonism while respecting the delineated mandate of the various agencies involved in Constitutional implementation,” said the Attorney General.

Prof Muigai said he planned further meetings with the Parliamentary Oversight Committee on Implementation of the Constitution, the Kenya Law Reform Commission, the Commission on Revenue Allocation and the Ministry of Justice, National Cohesion and Constitutional Affairs.

He said respect for the Constitution was important because it was an operation manual commonly developed by Kenyans on how they wished to be governed.

Extensive consultations, he said, will reduce litigation in respect of perceived faults because each party will freely share any shortcomings early enough to ensure fast remedy.

CIC Chairman Charles Nyachae said that the staggered dates for enactment of the Bills were to ensure thorough input during the process and to provide for a seamless sequence.

Present were CIC Vice-Chairperson Dr Elizabeth Muli and Commissioners Philemon Mwaisaka, Prof Peter Wanyande, Catherine Muma, Florence Omase, Ibrahim M. Ali.

The Head of Legislative Drafting Department in the AG’s Chambers Margaret Nzioka and Deputy Head, Elizabeth Ng’ang’a were also present.

The processing of a Government Bill usually commences with the parent Ministry originating a Draft, which is then submitted to the Office of the Attorney General.

In consultation with the Kenya Law Reform Commission the AG’s Office scrutinises and forwards it back to the Ministry.  The latter sends it to the Cabinet, from where it goes back to the AG’s Office for publishing and eventually introduction to the Parliament.


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