Kenya: The drafters of our new Constitution knew that there was real risk of backtracking on the implementation of the Constitution at some stage.

This foreseeable fear was informed by the ever-looming presence of masters of impunity, half-hearted reformers and a whole lot of masquerades that were likely to find themselves in positions of responsibilities for the implementation of the Constitution with no intention whatsoever of being responsible.

It was for this reason that the wise counsel guided us to put in place a constitutional commission for the implementation of the constitution under schedule six.

The Commission for the Implementation of the Constitution (CIC) has a very clear, defined mandate namely; to monitor, facilitate and oversee the development of legislative and administrative procedures required to implement the constitution.

It was also required to regularly report on any impediment to the implementation of the constitution. Equally, it was to work with other constitutional commissions to ensure that the letter and spirit of the constitution is respected. The Charles Nyachae-led CIC started its work with a lot of gusto.

It was visible in the local print and electronic media making relevant noises about what was and wasn't happening within and without the context of their constitutional mandate.

Some critics at various points did point out that the CIC looked more interested in the display of form more than the substance in the execution of their mandate.

I sat in various National Assembly and Senate committees before and after the last general election. During the sittings I have had interactions at various levels with the CIC.

Regrettably, it is becoming clear that the CIC has abdicated its responsibilities as defined in schedule six of the constitution. Simply put, perhaps the brief is too complex, demanding and involving for the commission to bear.

Any objective analyst would see that the reform process envisaged under agenda Four of the Serena ACCORD and the hope that such reforms were supposed to bring to our beloved country, is becoming a mirage.

While the commission has at the very worst maintained a conspiracy of silence and at the very best made irrelevant and unhelpful noises about the implementation of the constitution, there is an unfolding frightening development in critical sectors of reform where a reverse gear is in engagement.

The frustrations being meted on the National Lands Commission by the Executive can be seen as clearly part of the anti-reform agenda in this sector by the Jubilee regime, a regime whose leaders stand to lose the most should reforms in the land sector be carried out to the latter.

One can recall how the executive from the very top have been cheering unashamedly as the Cabinet Secretary for Lands makes it impossible for the Mohammed Swazuri team to execute its mandate.

The CIC is well aware that at the very heart of Agenda Four, which gave rise to the new Constitution, was the land question including unlawful dispossession of whole communities of their ancestral land and reckless allocations of prime land at the Coast and in the Rift Valley to fixers, deal-makers and speculators.

The land question indeed has been a source of conflict in this country in more ways than one.

We have also witnessed the National Assembly passing laws that are clearly an assault on the letter and spirit of the Constitution with the CIC either watching helplessly or acquiescing to the same or reacting in a manner that one may be tempted to call 'the ritual of dogs barking at the new moon'.

Such examples can be found in the recent unconstitutional Bills that clearly undermine the reforms in the police sector, the bill on media laws and many others.

One also wonders why the very vocal leadership of the CIC has remained silent as the Speaker of the National Assembly and the President continuously flout article 110 (3) of the Constitution by processing Bills through the National Assembly and unconstitutionally assenting to them in total disregard of the constitutional provisions and procedures.

In fact, the Senate has brought to the attention of the CIC this flagrant disregard of the fundamental provisions of the Constitution. Of course, the CIC has done nothing. One can quite understand from the conduct why the CIC is conducting itself in this unsatisfactory manner.

I was amused to read in a local daily where the CIC chairman was quoted saying the call for referendum is premature and too early in the day, without citing any legal and constitutional authority that specifies what point in time it will be mature to talk of a referendum.

I invite the chairman to read Okot P'Bitek's Song of Lawino where the respected scholar with very strong imagery says that there is no fixed time for breast-feeding; rather children are breastfed when they cry.

The holder of the office of the chairman of the CIC and indeed all the commissioners are expected to be apolitical, impartial and fair in the discharge of their duties.

What we are witnessing are frustrations in the implementation of the constitutional process. In fact it looks like a well calculated and thought out conspiracy by anti-change agents and forces of impunity whose midwife is with no doubt, the CIC.

Time is up CIC, reconsider your position.