We will not seek extension of our mandate, says Commission for the Implementation of the Constitution chairman

 Commission for the Implementation of the Constitution Chairman Charles Nyachae addresses journalists at his office on the resolution by the National Assembly regarding the setting of Salaries and benefits of State Officers. [PHOTO:EVANS HABIL]

Kenya: Commission for the Implementation of the Constitution (CIC) Chairman Charles Nyachae has confirmed that his team will not seek an extension of its term despite not completing its mandate.

CIC commissioners were sworn in on January 4, 2011 and their tenure expires in January next year.

The Constitution provides that the commission shall stand dissolved five years after the commissioners are sworn into office or after completion of  the implementation of the Constitution as determined by Parliament, whichever comes sooner.

However, the National Assembly may, by resolution, extend its life. Mr Nyachae said the commission had been tasked to oversee the five-year implementation of the Constitution and the three-year transition to devolved units.

“As an institution, it is really up to Parliament to decide what it does with the commission,” he said.

He added: “We are not seeking an extension. What Parliament decides to do, to oversight the implementation process, is not up to the commissioners to decide.”

He said the commission had decided not to ask for an extension so that it is not construed to mean that they (commissioners) delayed the constitutional implementation process so that, as individuals, they can get an extension.

“As an individual, I am not seeking an extension even if Parliament decides to extend the commission’s term,” he affirmed.

He, however, had a difficult time convincing legislators attending the Third National Assembly leadership retreat in Mombasa that the reason for not going for an extension could be that he is harbouring political ambitions.

Jimmy Agwenyi ( Kitutu Chache) sought to know if Nyachae was eyeing the Kisii gubernatorial position in 2017,  which he argued was way below a person of his stature.

“Are you planning to contest the seat, because I think you should give the presidency a try,” said Agwenyi.

In his reply, Nyachae maintained that he is presently the chairman of CIC and that is where his focus is.

“I am not a prophet to know where I will be after my term expires,” he added. At the start of his address, Nyachae strongly defended his numerous activities in Kisii County, emphasising that it should not be construed to mean he is laying ground for his entry into the political scene at the expense of his work.

 

“The delays in passing the Constitutional Bills by Parliament should not be blamed on CIC. We have tried to meet our deadline. This has nothing to do with claims that I am planning to run for a governorship in 2017,” he explained.

At some point, Nyachae’s line of argument did not go down well with the MPs, who told him off over his assertions that they blamed him for the delays, especially in passing the Constitutional Bills.

Ben Washiali (Mumias East) demanded to know from Nyachae if it is logical for leaders to start amending the Constitution when it is not fully implemented, or first implement it fully then push for amendments.

“There is a lot we are learning as we implement the Constitution and therefore, it will be in order to first complete the process before leaders can begin to push for its amendment,” he said. “Let us finish the implementation period, then look at what we have done, and I am convinced without doubt that we will see gaps and areas we have not done well.”

Nyachae said the audit will then fall in two categories; areas where the process was not implemented properly and the ones that must be amended.

He faulted the ‘Pesa Mashinani’ call by governors, which seeks among other things to amend Article 203 to increase county allocation to at least 45 per cent of the latest national audited accounts.

“We have had lengthy discussions with Council of Governors Chairman Isaac Ruto, on failure to use the most updated accounts by the National Assembly to allocate funds to counties and this is not an issue of the Constitution,” he said.

He concurred with the National Assembly Health Committee Chairperson Rachael Nyamai that devolution of the health function wasdone in a wrong manner.

“Devolution of Health is part of the problem that has resulted in the governors’ push for their own referendum. The costing of functions was not properly done by the Transition Authority,” he said.