NAIROBI, Kenya Dec 30 – The Commission for the Implementation of the Constitution (CIC) ceased to exist on Tuesday, at the end of its term even though its commissioners acknowledged that there is much more than need to be done for the full realization of the constitution.
Charles Nyachae who headed the commission said that although “commendable progress had been realized in the constitution implementation” there was much more required 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 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.