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8/4/2019 Implementation of the Constitution_An Independent Status Report
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Implementation of the Constitution;
an Independent Status Report
B. W. Namano
8/27/2011
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ACRONYMS AND ABBREVIATIONS
AG Attorney General
ASAP As Soon As Possible
CJ Chief Justice
CIC Commission for the Implementation of the Constitution
CIOC Constitutional Implementation Oversight Committee
CoE Committee of Experts
DPM Deputy Prime Minister
FIDA Federation De International Abogadas
IIEC Independent Interim Electoral Commission
KNBS Kenya National Bureau of Statistics
PM Prime Minister
PSC Public Service Commission
MP Member of Parliament
SWOT Strengths, Weaknesses, Opportunities, Threats
UNICEF United Nations Childrens Fund
YR Year
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EXECUTIVE SUMMARY
The complete implementation of Kenyas second constitution is expected to institute
several reforms. These include: considerable changes to the countrys government structure, a
broader concept of human rights, transparent appointment procedures for public officers,
entrenched institutional independence, power devolution, guaranteed checks and balances on
the executive among other expectations.
This independent report deliberates on the apparent progress made by Kenya in
implementing its second Constitution as of to date. The Author responds to the publics need
of having a general overview of the constitution a year into its enforcement.
The report performs a SWOT analysis of the implementation process and contains the
developed bills with their current status along the path of implementation.
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BACKGROUND
The Constitution which came into force at independence, on 12 December 1963,
guided Kenyas political and socio-economic development for 47 years and was subjected to
38 amendments.
After the postelection violence, from the disputed December 2007 Presidential
Election, 2 pieces of legislation were enacted to lead Kenyans to a new Constitution. One was
the Constitution of Kenya (Amendment) Act 2008 enacted on 22 December 2008 providing
the roadmap to constitutional reforms and established the organs and mechanisms for
constitutional review. The second was the Constitution of Kenya Review Act 2008, enacted
on 29 December 2008, which provided a legal framework for the organs and mechanisms
established under the Constitution of Kenya (Amendment) Act 2008.
The referendum held on 4 August 2010, monitored by the Independent Interim
Electoral Commission (IIEC), resulted in about 66.91% of the votes cast voting for the
adoption, against 30.69% of the voters voting against the adoption, of the Harmonized
Constitution proposed by the Committee of Experts (CoE).
Consequently, this new Constitution was adopted and officially became effective
when it was promulgated by the President on 27August 2010.
The enactment aspect entails the creation and implementation of legislations that are
exclusively in favor of the adopted constitution.
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ACKNOWLEDGEMENTS
The research and authorship of this report has been done independently without any
organizational affiliation or vested economic or political interest.
This report benefits from other official reports drawn by key stakeholders in the
process and observations made by opinion leaders. The information, statistics and comments
used to finalize this report were researched and derived from various institutions official
websites.
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TABLE OF CONTENTS
ACRONYMS AND ABBREVIATIONS ..................................................................................................... ii
EXECUTIVE SUMMARY ......................................................................................................................... iii
BACKGROUND ......................................................................................................................................... iv
ACKNOWLEDGEMENTS .......................................................................................................................... v
TABLE OF CONTENTS............................................................................................................................. vi
LIST OF TABLES ...................................................................................................................................... vii
INTRODUCTION ........................................................................................................................................ 1
A SWOT ANALYSIS OF THE CONSTITUTIONAL IMPLEMENTATION PROCESS ......................... 3
STRENGTHS ..................................................................................................................................... 3
WEAKNESSES .................................................................................................................................. 6
OPPORTUNITIES.............................................................................................................................. 8
THREATS........................................................................................................................................... 9
CONCLUSION........................................................................................................................................... 11
APPENIX: Summary of Progress made in the Development of Legislation.............................................. 14
BIBLIOGRAPHY....................................................................................................................................... 26
ABOUT THE AUTHOR............................................................................................................................ 29
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LIST OF TABLES
Table 1: BILL TRACKER as at 27 August 2011 ....................................................................................... 14
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INTRODUCTION
A constitution is a body of fundamental principles by which a State or other body is
governed1; its the supreme law upheld by an establishment and takes precedence over any
rule exercised within the confines of its laid down limits. In this regard, its unchallengeable
legal superiority demands that all acts fully conform to its stipulated framework or otherwise
be deemed as void and consequently be nullified.
The constitution is immune from any indictment in the span of its execution; its
legality or validity can never be questioned nor be challenged at any point in time or place.
Everything drafted in a constitution is esteemed as absolute truth and therefore revered by
those subject to it.
In essence, we are sold under a constitution of our own choosing; we surrender and
are brought into bondage to its dictates. We live by it and owe our primary allegiance to it.
On the 4th of August 2010, Kenyan citizens approved a new constitution (the
Constitution) in a national referendum. 2 Consequently, the New Constitution was officially
promulgated by the President3 on the 27th of August 2010-the Effective Date-Article 263.4
Under the preamble section of this document, the people of Kenya vowed to adopt, enact and
1Pocket Oxford Dictionary, Oxford University Press, Walton Street Oxford OX26DP, March 1994.
2OESDRL, Kenya, State, 2010, p.1, retrieved 9 August 2011,
http://www.state.gov/documents/organization/160127.pdf>.3
A Waki & W Gituro, The NewConstitution of Kenya: the Process of Implementation, Coulson Harney Nairobi,
2011, p. 1, retrieved 16 August 2011,
.4
The Proposed Constitution of Keya, The Attorney-General, Nairobi, 2010, p.153, retrieved 19 August 2011,
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give the constitution to themselves and to their future generation.5 By approving the proposed
constitution, Kenyans freely chose to abide by all its statutes.
According to the 6
th
Schedule of the Constitution, the Constitutional Implementation
Oversight Committee (the CIOC) and the Commission for the Implementation of the
Constitution (the CIC) are to drive the implementation process.6
The CIOC is the primary implementation institution constituted on 5 October 2010 by
parliament. Composed of 27 parliamentarians drawn from all sides of the political divide but
under the chairmanship of Hon. Hussein Mohammed Abdikadir, it is to coordinate with the
Attorney-General (AG), the CIC and relevant parliamentary committees to ensure the timely
introduction and passage of the required legislation among other duties. It is the organ that
must ensure the successful implementation of all legislations as demanded by the
Constitution within the least period of time.7
The CIC came into being on 4
th
January 2011 when the Chairperson and the
Commissioners were sworn in by the CJ.8 CIC is charged with facilitating, monitoring and
overseeing the implementation of the Constitution.9. It is also to liaise with the AG, Kenya
Law Reform Commission in preparing bills for tabling, report to the CIOC on and progress
and any impediments in the implementation. It is to detail the bills to the last iota. 10
5ibid., p.153.
6The Proposed Constitution of Keya, op. cit., p. 169.
7ibid.
8Commission for the Implementation of the Constitution, CIC Quarterly Cover Final, CIC Kenya, March 2011, p.
ii, retrieved 17 August 2011, .9The Proposed Constitution of Keya, op. cit., p. 6.10
ibid., p. 170.
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A SWOT ANALYSIS OF THE CONSTITUTIONAL IMPLEMENTATION PROCESS
This report intends to explore the Strengths, Weaknesses, Opportunities and Threats
perceived, in the last year, during the Constitutional implementation process.
STRENGTHS
The CIOC has so far succeeded in synchronizing the different works done by the
multiple institutions mandated to work together towards the passage of laws necessary for the
further implementation of the Constitution.
The 9 member CIC team consists of intellectuals and persons with tones of experience
in public administration, human rights and government: Mr. Charles Nyachae as Chairperson,
Vice Chairperson Dr. Elizabeth Muli, Dr. Ibrahim M Ali and 6 University of Nairobi degree
holders (Prof. Peter Wanyande, Dr. Florence Omosa, Ms. Catherine Mumma, Mr. Philemon
Mwaisaka, Mr. Kamotho Waiganjo and Mr. Kibaya Imaana Laibuta) as conveners; each
assigned individual thematic teams with specific tasks. 11 These commissioners, under the
direction of the Chairperson, have mapped out an implementation plan, reached out to the
public seeking their active participation, engaged stakeholders and development partners in
productive consultations while professionally facilitating, keenly monitoring and
coordinating CICs activities.
Noticeably, the CIC commission understands its great significance and the imperative
responsibilities it bears in the implementation process; in the execution of its mandate, CIC
has faithfully adheres to Article 10 of the Constitution in addition to conjuring its own noble
values and principles that affirm the former and guide the Commission in its endeavors.12
11Commission for the Implementation of the Constitution, op. cit., p 38-40.
12ibid., p.5.
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The checks and review mechanisms inscribed in the Constitution have stirred the
implementation process on course. For instance, in the 5th Schedule are listed the fundamental
Legislations to be enacted by Parliament with a time line tagged to each one of them; the
schedule gives a prioritization scale for primary Legislations making it a sensible guide
essential to the timely enactment of bills. Plus, seeing that this schedule constitutes part of the
supreme law of the Republic13, it is imperative that it be strictly adhered to in the spirit of
the Constitution.
Article 261 (5) to (7) gives petitioning powers to the people and outlines the steps to
be followed incase parliament derails the implementation process.
(5) If Parliament fails to enact any particular legislation within the specified
time, any person may petition the High Court on the matter.
(6) The High Court in determining a petition under clause (5) may
(a) make a declaratory order on the matter; and
(b) transmit an order directing Parliament and the Attorney-General to take
steps to ensure that the required legislation is enacted, within the period specified in
the order, and to report the progress to the Chief Justice.
(7) If Parliament fails to enact legislation in accordance with an order under
clause (6) (b), the Chief Justice shall advise the President to dissolve Parliament and
the President shall dissolve Parliament.14
Article 4 (2) states, The Republic of Kenya shall be a multi-party democratic
State15 In the dispensation of this democratic atmosphere, the law making process
13ibid., p. 13.
14ibid., p. 152.
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demands the collective indulgence of the CIOC, the CIC, the AGs office, Government
ministries, specialist task forces, the Kenya Law Reform Commission and the public in the
generation, discussion, quality control, consensus building, and passage of the laws. As a
result, the enacted laws perfectly reflect the norms of the Kenyan society as outlined in the
constitution and conform to the ideals of a vibrant democratic system.
Stakeholder consultations have enriched the lawmaking machinery; this new tact in
the legislation process has resulted in the design\of high quality proposed bills that are
debated and speedily enacted into law.16
According to Article 261 (2),
... the National Assembly may, by resolution supported by the votes of at least
two-thirds of all the members of the National Assembly, extend the period prescribed
in respect of any particular matterby a period not exceeding one year.17
The constitutions flexibility gives leeway for consensus building over issues that are critical
to the legislation process but prove to be trivial and in need of more consultations and time.
As a result, the drafted bills reflect more than personal or partisan interests but capture public
interests.
15ibid., p.14.
16K Kibwana, It has been a great journey with a new Constitution, lets respect its principles, The Standard |
Online Edition, 22 August 2011, retrieved 22 August 2011,.17
The Proposed Constitution of Keya, op. cit., p. 152.
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WEAKNESSES
In Article 261 (4),
the Attorney-General, in consultation with the Commission for the
Implementation of the Constitution, shall prepare the relevant Bills for tabling before
Parliament, as soon as reasonably practicable, to enable Parliament to enact the
legislation within the period specified.18
Though it was anticipated that the AGs office was to liaise with the CIC in the drafting of
new bills, the Constitution fails to clearly outline its specific roles as it does those of the CIC.
Consequently, as noted by Brian Ikol, The Office of the Attorney-General has fallen short of
its mandate to give legal opinion in terms of faithful implementation of the Constitution and
this has led to a lack of clarity in the implementation process.19
Selective reading of the document, by stakeholders, has led to occasional
misinterpretation of some Constitutional provisions. Consequently, conflicting bills regarding
the same subject are developed leading to delays in the process as time is spent in resolutions
and consensus building.
The Kenyan parliament had to deal with a backlog of about 15 bills in less than a
week owing to the Executives laxity in facilitating the process; as of 22 August 2011, it had
only passed 7 major laws since the constitution was promulgated. The DPM, Hon. Musalia
Mudavadi, noted that the sudden rush to beat the deadline meant minimal interrogation of
bills; a move that does not augur well with the spirit of enacting good laws20 FIDA, through
18The Proposed Constitution of Keya, op. cit., p. 152.
19B Ikol, The Commission for the Implementation of the Constitution, Second Quarterly Report on the
Implementation of the Constitution, CIC Kenya, June 2011, retrieved 17 August 2011,
.20
M Mwajefa, Mudavadi rules out August poll date, Daily Nation, 22 August 2011, retrieved 22 August 2011,
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its chairperson Naomi Wagereka, shared similar sentiments stating that the country risked
passing laws that were unconstitutional.21
As of 22 August 2011, the CIC had a staff of 77 (45 seconded by the Government and
32 recruited by CIC.) while a study, commissioned by the PSC, came up with a tentative
staffing requirement of 117. There are claims that the Executive has been frustrating CICs
staffing exercises; allegations to which the PM, Hon. Raila Odinga, strongly refuted adding
that the Government could only second CICs staff if requested to do so.22 In this light, it
should be the exclusive prerogative of the commission to recruit its staff to maintain its
integrity and that of the process.
According to a 2004-2008 statistical survey by UNICEF, 92 % of the male and 93 %
of the female youth (15-24 yrs) population in Kenya are literate; in overall, Kenya has an
adult literacy rate of 87 % (2005-2008).23 Even though most Kenyans can read and write, a
majority either live obliviously or have limited access to first hand information; with a
population of 38, 610,097 according to the 2009 census results, 74 % of Kenyans own a
radio, about 28 % have the luxury of watching a TV set, 63.2 % poses a mobile phone, only
3.6 % can call a computer their own 24and out of 100 people in Kenya only 9 access and use
the internet.25
The Bill Tracker on CICs website is often outdated while Parliaments is revised after
lengthy intervals. In addition, both are hardly in synch. This is misleading and confusing!
21N Wagereka, FIDA: Rushed law process dangerous, Capital FM, 20 August 2011, retrieved 23 August 2011,
.22
P Opiyo, A Ndegwa & D Ochami, State bows to pressure, agrees to pay CIC salaries, The Standard | Online
Edition, 20 July 2011, retrieved 22 August 2011,
.23
United Nations Childrens Fund, UNICEF Kenya Statistics, UNICEF, 2009, retrieved 24 August 2011,
.24
W Oparanya, 2009 Population and Housing Census Results, Kenya National Bureau of Statistics, 2009, pp. 32-38, retrieved 12 August 2011, .25
UNICEF, loc. cit.
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OPPORTUNITIES
Theres plenteous room for public education and awareness campaigns to enlighten
the people on matters constitutional; this can be a voluntary initiative from legal experts, civil
societies or the media provided it is done in sincerity without partiality. This uzalendo (true
citizenship) gesture to eradicate ignorance, will erode public gullibility, instill the spirit of
this Constitution, revive a sense of public allegiance and respect for the Constitution plus
foster public participation in the implementation process.
To pass more bills in time and beat deadlines without compromising on their quality,
pressure on the cabinet should be eased by the immediate reconstitution of an agenda
centered Legal Affairs Committee to succeed the previous regime that was dogged by endless
political tussles and controversies since February; it was finally banned by parliaments
House Business Committee when it failed to appoint a new chairperson on the evening of
16th August, 2011. According to the Hon. Musalia Mudavadi, A non-functioning Legal
Affairs committee and partisan interests among the political divide are to blame for the
backlog of Bills at different stages of the implementation process26
The inclusion ofwanjiku in stakeholders meetings is wanting. So far, a majority of the
forums conducted have sought the opinions of persons from the professional or learned class
while ignoring the majority established in the rural and informal sectors.
26Mwajefa, loc. cit.
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THREATS
Sabotage by Legislative and members of the Executive who not only misinform the
public on bills and enactment procedures, but also deliberately invent gray areas in the
Constitution to maliciously impede the implementation process.
The un-receding chaos in the Kenyan government, work against the implementation
process. Having been constituted by the National Accord and Reconciliation Act 2008, after
the so called Agreement on Principalities of Partnership of the Coalition Government on 28
February 2008, 27 the local and international socio-political developments have done little to
foster the accords ideals. i.e. to enable Kenyas political leaders to look beyond partisan
considerations with a view to promoting the greater interest of the nation as a whole 28 In
fact, Kenyans have watched a coalition of convenience being marred by railing accusations
of: mistrusts, betrayals, wrangles, impunity, impenitence, irresponsibility, greed, corruption,
fallouts to name but a few vices. With just a year to the next elections, things are bound to get
worse as allies sever ties and foes embrace in bid to capture power.
The remuneration packages being paid by the government to the CIC commissioners,
as was recommended by the PSC, are on the higher side:29 The chairperson makes Kshs 1.24
million a month inclusive of allowances and is entitled to a leave allowance of Kshs 65,000
p.a. The vice chairperson is paid Kshs 1.12 million p.m., and Sh50, 000 a year as leave
allowance. The other six commissioners take home Kshs 1.09 million p.m. and an annual
leave allowance of Kshs 50,000. Note that the CIC shall stand dissolved 5 years after it is
established or at the full implementation of this Constitution, whichever comes first.
27S Wako, The National Accord and Reconciliation Bill 2008, Kenya Law Reports, 2008 , p. 9, retrieved 22
August 2011, p. 9,
.28 S Wako, op. cit., p. 6.29
P Opiyo, loc. cit.
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However, the National Assembly may, by resolution, extend its life.30 If we consider the first
scenario, then in 5 years times the burden on the taxpayer by the:
Assuming there are no reviews to these packages and all other factors are kept constant, the
total burden on the common taxpayer in 5 years becomes:
Are these figures fiscally sustainable? Know that at least 56 per cent of the Kenyan
population was living below the poverty line as of 2003 and at the current trend, it is
projected that 65.9 per cent of the Kenyan population will be living below the (1dollar a day)
poverty line by 2015.31 In this light, theres need to establish the Salaries and Remuneration
Commission (Article 230) ASAP.
30The Proposed Constitution of Keya, op. cit., p. 170.
31
The Ministry of Planning and National Development, UNDP Kenya & The Government of Finland, MillenniumDevelopment Goals in Kenya; Needs & Coast, UNESCO, 2005, p. 4, retrieved 12 August 2011,
.
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CONCLUSION
Until 24 August 2011, only a handful of the 25 Bills to be enacted as proposed by the
constitution had been signed into law. These are: The Independent Offices (Appointment)
Bill 2011, The Vetting of Judges and Magistrate Act 2011, The Judicial Service Act 2011,
The Independent Electoral & Boundaries Commission Act 2011, The Supreme Court Act
2011, The Independent Offices (Appointment) Act 2011, The Commission for the
Implementation of the Constitution Act 2011, The National Gender and Equality Commission
Bill 2011 and The Salaries and Remuneration Commission Bill 2011.32
On 23 August 2011, the House Business Committee approved Motions to have
legislatures sit extra hours for three consecutive days starting the 24th of August 2011 to
debate Bills that must be passed by the Legislature and signed into law on the 26th of August
2011.
The Kenyan parliament passed a procedural Motion, on the 25th of August to reduce
the process of introducing, debating and approving The Commission on Revenue Allocations
Bill 2011, The National Government Loans Guarantee Bill 2011, and The Contingencies
Fund and County Funds Emergency Bill 2011 from the traditional 14 days to 1 day.
As a result, on Thursday the 25th, the House passed a record six Bills in just over two
hours. The 6 Bill passed were: The National Police Service, The Commission on
Administration of Justice, Power of Mercy, Environment and Land Relations Court, Urban
Areas and Cities, and The Citizenship and Immigration Bills.
On Friday, 26 August 2011, the MPs approved The Kenya Citizens and Foreign
Nationals Management Service Bill 2011, The Contingencies Fund and County Emergency
32
Kenya National Assembly 10
th
parliament, 4
th
Session, Bill Tracker as at 24
th
August 2011, Parliament ofKenya, 2005, pp. 2-6, retrieved 23 August 2011,
.
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Funds Bill 2011, The Elections Bill 2011, The National Government Loans Guarantee Bill
2011, and The Commission on Revenue Allocation Bill 2011 after hasty amendments.
So far, the process has considered approximately 46 Bills. 24 enacted, 1 awaiting
AGs publication having already been approved by Cabinet, 1awaiting cabinet approval, 18
still undergoing CICs internal review and stakeholder consultation while 2 are on hold.
Out of the expected 24 bills to be completed within year one of the Constitution
of Kenya 2010, only the Public Finance Management bill delayed by policy differences
between stakeholders is yet to be completed by CIC.
33
While addressing Kenyans on the Constitution promulgation anniversary, the
president-Hon. Emilio Mwai Kibaki,-notes,
Our National Assembly and all the other institutions concerned have passed twenty-
five laws which directly impact on the implementation of the Constitution. These are the laws
itemized in the Fifth Schedule of the Constitution. 34
Article 3 (1) of the Constitution (regarding its defense) states that Every person has
an obligation to respect, uphold and defend this Constitution.35 This responsibility is
bestowed upon every Kenyan-minors and adults alike; failure to observe this rule is
tantamount to an act of hostility in direct violation of the constitution.
It is paramount to appreciate and participate in the constitutional implementation
process.
33Commission for the Implementation of the Constitution, CIC meets target deadline for 23 bills, CIC Kenya, 17
August 2011, retrieved 17 August 2011, .34
President Kibaki addresses Kenyans on Constitution promulgation anniversary, Mwakilishi, Kenya, 26 August
2011, retrieved 26 August 2011, .35
The Proposed Constitution of Keya, op. cit., p.14.
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Since this is NOT a sanctioned report, there are no recommendations proposed in it.
Instead, they can be deduced from the preceding SWOT analysis.
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APPENIX: Summary of Progress made in the Development of Legislation
From the Constitutions 5th Schedule, one can derive the Legislations Implementation Schedule details as computed in Table 1.The
Apparent Progress indicators-as of 27 August 2011- are compiled from Bill Tracker sources at CICs, parliament of Kenya and other media
sources official websites.
Table 1: BILL TRACKER as at 27 August 2011
From Table 1, one can gauge the progress made in the Implementation process a year after its promulgation.
Timeframe
Event/Legislation
Ref.
Apparent Progress of BILLS along the path of Implementation
Enacted intolaw
Passed byParliament
awaitingPresidential
Assent.
BeforeParliament for
debate
Forwardedto
AttorneyGeneral forpublication
Awaitingpublication;
Alreadyapproved by
Cabinet
Awaitingapproval
by cabinet
Undergoinginternal review &
stakeholderconsultation
OnHold
2months
Establishmentof the Judicial
ServiceCommission
sixthschedule,section20 (1)
TheCommission onAdministration
of Justice Bill,2011
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3months
Establishmentof the
Commission forthe
Implementationof the
Constitution
sixthschedule,section25 (1)
TheCommission for
theImplementation
of theConstitution,
Act 2011
Establishmentof the
Commission oRevenue
Allocation
sixthschedule,section25 (1)
TheCommission on
RevenueAllocation Bill,
2011
9months
Salaries andRemunerationCommission
sixthSchedulesection25 (2)
The Salaries &Remuneration
Bill 2010 &2011
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1year
Legislation oncitizenship
article 18 The KenyaCitizenship and
ImmigrationBill, 2011
The KenyaCitizens and
ForeignNationals
ManagementService Act,
2011
Kenya NationalHuman Rightsand EqualityCommission
article 59 The NationalCommission on
Gender Act,2011
The KenyaNational
Human RightsCommissionAct, 2011
TheOmbudsmanCommissionAct, 2011
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Ethics and anti-corruption
commission
article 79 The Ethics andAnti-
CorruptionCommission
Bill, 2011
Legislation onelections
article82
The Election
Bill, 2011Electoraldisputes article 87
Independentelectoral andboundariescommission
article88
TheIndependentElectoral &Boundaries
CommissionAct, 2011
Legislation onpolitical parties
article92
The PoliticalParties Bill,
2011Vacation of
office ofmember ofParliament
article103
Power ofmercy
article133
The Power ofMercy Bill, 2011
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System ofcourts
article62
The JudicialService Act,
2011
Establishmentof the Supreme
Court andappointment o
judges
Article21 (1)
The SupremeCourt Act, 2011
Removal fromoffice of judicial
officers
article168
Vetting ofjudges andmagistrates
sixthschedule,section
23
The Vetting OfJudges And
Magistrate Act,2011
Election ofspeaker of
countyassembly
article178
Legislation on
governance ofurban areas andcities
article
184
The Urban
Areas and CitiesBill, 2011
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Contingenciesfund
article208
TheContingencies
Fund andCounty
EmergencyFunds Bill, 2011
LoanGuarantees by
nationalgovernment
article213
The NationalGovernment
LoansGuaranteeBill,2011
1.5years
Legislation onland
article 68 TheEnvironment
and Land CourtBill, 2011
Legislation oneffect of
Chapter 11
DevolvedGovernment
article200,sixth
schedule,section15
The Transition toDevolved
Government Bill,
2011
Removal ofcounty
governor
article181
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Vacation ofoffice of
member ofcounty
assembly
article194
Revenue fundsfor county
governments
article207
The CountyGovernments
Financial
Management Bill,2011
2years
Legislation onleadership
article80
Right of recall article104
Determinationof questions ofmembership of
parliament
article105
Right topetition
parliament
article119
Assumption ofoffice ofpresident
article141
Judiciary fund article173
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Financialcontrol
article225
Public FinancialManagement Bill
Nationalsecurity organs
article239
The NationalSecurity Council
Bill, 2011
The NationalIntelligence
Service Bill, 2011Command ofthe NationalPolice Service
article245
The NationalPolice ServiceCommission
Bill, 2010
3years
Freedom of the articleSupport for
countygovernments
article190
Publicparticipationand county
assemblypowersprivileges andimmunities
article196
The DevolvedGovernment Bill,
2011
Countyassembly,
article197
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gender andbalancediversity
4years
ConsumerProtection
article46
Fairadministrative
action
article47
Fair hearing article50
Rights ofpersons
detained or heldin custody
article51
Legislationregarding
environment
article72
Accounts andaudit of public
entities
article226
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Procurement opublic goodsand services
article227
Values andprinciples ofpublic service
article232
5years
Legislation inrespect of
article 11
Family article45
Family ProtectionAct, 2007
The Marriage Bill,2011
Communityland
article 63
Regulation ofland use and
property
article 66
Agreements
relating tonatural
resources
article 71
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Promotion ofrepresentationof marginalized
groups
article100
Any otherlegislation
required by the
NewConstitution
TheIndependent
Offices
(Appointment)Act 2011
TheEmploymentand Labour
Court Bill, 2011
TheIndependent
Policing
OversightAuthorityBill, 2010
TheRatificationof Treaties
Bill, 2011
TheIntergovernmental
Fiscal Relations
Bill, 2011The Births and
Deaths registrationBill, 2011
TheIntergovernmental
Relations Bill,2011
The Refugee Bill,2011
The Matrimonial
Property Bill, 2011
Identification andRegistration ofKenya Citizens
Bill, 2011
ThePrivateSecurity
IndustrialRegulationBill, 2010
TheNationalCoroners
Service Bill2010 &
2011
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Public FinancialManagement Bill
The National LandCommission Bill
2011
The Controller ofBudget Bill, 2011
Re-organisationand
restructuring ofthe Provincial
Administration
SixthSchedulesection
17
Bill Count 24 0 0 0 1 1 18 2
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BIBLIOGRAPHY
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Implementation of the Constitution; an Independent Status Report
ABOUT THE AUTHOR
The author, B. W. Namano, holds a BSc degree in Instrumentation and Control
Engineering from Egerton University. He conducts research and authors reports and articles
on issues relating to development, policies, governance, democracy, constitutional politics
and civil society among others.
B. W. Namano.
Email: [email protected]