No new term for Commission for the Implementation of the Constitution, declare MPs

There is a danger that the 28 Bills that have not been passed will not get careful scrutiny because the Commission for the Implementation of the Constitution’s (CIC), which is mandated by law to vet such laws will not be in office.

The CIC’s term ends in December and a section of MPs have vowed not to extend their mandate. The Charles Nyachae-led team has also said it would not seek an extension of its stay.

CIC’s term has been characterised with differences with the National Assembly after some MPs claimed the transitional body had failed to execute its mandate on time.

Homa Bay MP Peter Kaluma claimed it was because of this failure that the National Assembly has been compelled to extend its period by one year to discuss some of the pending Constitutional Bills.

Kaluma accused a section of the commissioners of engaging in politics instead of ensuring the team’s mandate is achieved within the stipulated time framework.

Similarly, Kikuyu MP Kimani Ichung’wa said the commission does not deserve any extension saying. “The Legal Affairs Committee has always made it clear to the commissioners that they have failed the country despite a lot of money and resources being provided to faciliate their activities,” he said.

On the other hand, CIC Chairman Charles Nyachae said although the commission did not achieve 100 per cent of its mandate, it has realised a lot. “In any human endeavour you cannot achieve 100 per cent of your expectations, however, I am convinced we tried and achieved our best,” said Nyachae.

He said the decision to extend their stay lies with the National Assembly, but was quick to add that they will not request it be extended. Nyachae noted that if Parliament, in its wisdom decides to extend their term, then it would be upon individual commissioners to make decision on whether to take up the role or not.

He noted that the commissioners are now tasked with making an assessment report that would help the country move forward in the Constitution’s implementation process.

Public vigilance

He also observed that the drafters of the Constitution made it categorical that the commission is transitional and not permanent.

He, however, opined that permanent institutions and the general public should now be more vigilant in ensuring that laws being enacted during Parliament’s extended period are consistent with the Constitution.

Mbita MP Millie Odhiambo said that although the National Assembly would need to go through an audit report about the implementation process before making a decision, there was need for a different transitional body with a different mandate to steer the process.

“From what we have been seeing, we need a different transitional body that will allow counties to execute their mandates effectively,” noted Millie. She said CIC had failed to ensure smooth transition from the old system to the counties.

CIC Commissioner Kamotho Waiganjo said the team has done its best, but more is still needed in civic education to spur public participation. He said the commission was not interested in perpetuating the “culture where institutions want to stay forever”.

“As commissioners we don’t want to be part of the discussion on whether the term should be extended or not since that mandate belongs to the National Assembly,” said Waiganjo.