, NAIROBI, Kenya, Dec 30 – National Assembly Majority Leader Aden Duale has accused the Chairman of the Commission for Implementation of the Constitution Charles Nyachae of misleading Kenyans on the progress of the enactment of news law at the end of the CIC’s term.
Duale said Nyachae did not give a fair analysis of the progress made on constitutional implementation in his final report that marked the end of the commission’s tenure which ended on Tuesday.
“The now defunct CIC chairman is patently misleading,” he said of Nyachae’s report that was published in local dailies.
While Nyachae accused Parliament of failing to pass key bills, Duale said it is the now defunct commission that failed to submit the bills in a timely manner.
“The CIC failed in its duty to conduct an objective and impartial audit of the efficacy of our new Constitution, after five years, leaving it to ordinary Kenyans and politicians to do so,” Duale said.
In his final report, Nyachae said that although “commendable progress had been realised in the constitutional implementation,” there was much more that required to be done to accomplish the task.
“As a commission we acknowledge that meaningful discharge of this mandate required the support from many other institutions and all the people of Kenya,” Nyachae said in a statement.
“As the commission exits, we urge all stakeholders to continue to ensure the letter and spirit of the constitution is safeguarded and sustained. There still remains a lot to be done.”
He cited various challenges experienced in implementing the Constitution, notably the crucial land bills which are yet to be enacted.
“Further, supremacy battles have been rife in the sector, with the responsible commission and the responsible ministry engaging in turf wars regarding their roles and mandate,” he said.
On the representation of the people, Nyachae said significant effort had been made to align the electoral processes to the letter and spirit of the Constitution, but cited challenges such as lack of guidelines on the funding of political parties.
He also regretted that the Leadership and Integrity Act 2012, which is key to giving effect to Chapter Six of the Constitution was passed with fundamental flaws.
“Significant of these is that the Act as passed by the 10th Parliament fails to recognise the Ethics and Anti-Corruption Commission as the primary institution for ensuring compliance with and enforcement of the provisions of Chapter Six,” he observed.
On the public service, Nyachae cited challenges such as lack of clarity in the assignment of roles with respect to education function in the national policy.
“This has resulted in conflicts over mandates between the national and county governments; violation of the leadership and integrity provisions through corruption and unethical conduct among public servants, undermining service delivery among others,” he said.
Other key challenges cited by the commission include the implementation of the National Security Laws, including the lack of a clear policy framework, lack of public participation, conflict between the line of command of the Inspector General and disciplinary control of the National Police Service Commission as well as lack of coordination between the Kenya Police Service and the Administration Police Service and corruption.
With CIC’s exit, Nyachae appeared worried on how the constitutional implementation will be monitored in the absence of clear guidance from Parliament.
He urged the public otherwise referred as “Wanjiku” to “step forward to defend, protect and promote the Constitution” in terms of Article 3.
CIC was charged with the responsibility of monitoring, facilitating, coordinating and overseeing the implementation of the Constitution for the past five years.