Implementing the Constitution of Kenya

 

The Constitution of Kenya was promulgated 5 years back in August of 2010 with much pomp and celebration. But there was still a dark side to this historic moment, there was the NO team which incredibly went on to “win” (tongue in cheek here) the election so as to champion implementing the constitution. There were also some monkey games with some folks attempting to reword the document and include some strange security provisions, to name but a few.

But by and large, the promulgation of the constitution heralded a new beginning, a new birth for the nation.

The challenge however was and still is, in its implementation. Despite numerous hurdles, the CoE designed a roadmap that would greatly assist in implementing the constitution. A lot of latitude was afforded a hopefully more empowered and forward thinking legislature so as to over a five year period enact laws that would bring into force the revamped constitution.

No-one could have foreseen the cantankerous rubble that forms the current parliament. And no one could have even imagined that they would overwhelm sound minds, and instead we have a juvenile, backward minded, tunnel visioned lot, devoid of any morals, and with a singular ambition of grabbing and amassing whatever riches they can milk out of their five year term.

It is therefore no wonder that a lot of the constitutional implementation schedules have not been met, or have been diluted, and in some cases completely reversed. As we fumble from one blunder to the next, there is really no telling what new mischief, parliament will get itself into.

We remember too clearly, how one of the last items was quickly rushed to the front of the queue, i.e the dissolution of provincial administration and to be devolved into county governments. For some reason there was an urgency to re-brand PC and DCs into their new roles of CCs and what not

This thread we will discuss and review progress made on implementing the consitution

The brief intro above segues neatly into this next posting by Adongo regarding the 1/3 gender rule that was conveniently swept under the rug, and a sofa set placed above it, and wished away. Funny thing is that 2.5 years that looked like an eternity, is suddenly at our doorsteps.

 

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job & others

The real trouble for Nyachae and parliament is coming in exactly four months from today.

Remember this court ruling which we discussed extensively in the Jukwaa forum at the time:

http://www.mwakilishi.com/content/articles/2012/12/11/gender-rule-to-be-implemented-progressively-rules-kenya-supreme-court.html

It is coming back big time. The Supreme Court by majority ruling and a single dissenting opinion from the Chief Justice ruled that the 1/3 gender requirement should be implemented progressively and should be fully realized by August 27, 2015 (five years after the katiba became operational). It looked like that was going to take a lifetime. Well it is here now. And as we all know nothing had been at all. They are eating JAPATIS and running cycles with Al Shabaab.

Now any day after August 27, 2015 a case can be filed in court by Kenyans including political and civil entities in the country asking that parliament be declared unconstitutional after failing to abide by the Supreme Court order and therefore the National Assembly would be declared unfit to carry out the business of the nation. Then what?

A Supreme Court ruling is final and the court cannot here the matter another time. The Supreme Court cannot rule twice on the same matter.

You can bet that FIDA and KHRC who filed the case the first time will be back on this very soon and you can imagine the panic.

How can parliament resolve this? Change the law? That will require a referendum and these guys are terrified even of the word referendum. In any event nobody knows what verdict such a referendum would reach.

Second option is to get a bunch of male M.Ps to leave bunge and replace them with women M.Ps until you get the right mix. That is nuts.

Third option is to nominate a few hundred women M.Ps to balance out the numbers. Kenyans would kill anybody who comes up with such an idea and even this may need a referendum. We warned these chaps. They didn’t get it them.

Here are some perspectives and possibilities:

http://ke.boell.org/2014/12/02/two-thirds-gender-rule-kenyas-national-assembly-and-senate

Nyachae should be busy trying to sort this matter out and there are so many other aspects of implementing the constitution which are not done yet and time is running out.

 

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4 comments on “Implementing the Constitution of Kenya

  1. Handing over the new Constitution to its enemies (Uhuru and Ruto) is proving to be costly beyond belief.

    These folks have killed virtually every institution and reform process in the country: (Anti-corruption body) EACC (dead), Security (rotten), Judiciary (back to its old rot), IEBC (“chicken-gate” rotten and nervously beholden to Jubilee) Parliament (a rotten Jubilee mouthpiece and not a Kenyan oversight body –coopting even opposition hirelings), NLC and Land Reforms (dead and buried), CIC (dead and silent) etc…

    The land grabbers have their president and deputy in office and its their turn to “sanctify” and clean up their titles…from the Waitikis, the Kenyatta family leaseholds, and Ruto’s multiple grabs…its a field day with NLC’s Swazuri watching haplessly.

    Coupled with the gross ineptitude, mega corruption, and tying of Kenya into trillions-of-shillings worth of debt from the Chinese…and the terrorist driven collapse of the tourism, hospitality, and air-travel sectors…and you can smell big trouble.

    The Constitution will be mutilated in piece-meal fashion or simply subverted without doubt. The nation seems to have resigned to this beat-down by the impunity barons. Treasury was singularly diverted into Uhuru Kenyatta’s ICC-beat-down kitty…then converted into a cash cow for Jubilee tenders…

    The culture of acquiescence to impunity is slowly killing the nation.

    The MPs are seeking the shortest (illegal) outlet to “fix” the “ka small” constitution problem knowing well they would get away with impunity.

    If Angle-Fleecers can kick out EACC commissioners and get away with it…then intimidate the judiciary to give them back their passports to travel abroad…why not MPs. Look at Sonko flaunting his illegally sought wealth in photo-op projects that will not last beyond the next election…when he gains access to billions of Nairobi funds to recoup his expenditure….its a big fairy tale rolling out in slow motion.

    Isaac Hassan is steadying himself in his chicken gate seat ready to rig in his protectors yet again. What more is new?

    Check out Maina Kiai’s video on impunity that I posted in the other thread.

  2. Adongo

    Am a little pessimistic

    This parliament is made up of weasels and rats who will find the tiniest gap and not only wiggle their way out of issues, but will then proceed to completely blow up a big hole in whatever it is and sink the boat figuratively speaking

    So whereas as you point out that it would be unconstitutional to amend the constitution without a referendum, the reality here is that all MPs, Senators and MCAs will rally around and come up as one, on any issue that threatens their 5 year term. The gender issue is one such item that can send them all home prematurely. A few of them will need direct monetary incentive, a few of them don’t care one way or the other, so getting unanimous parliamentary initiative is bound to sail through both houses and eventually kill the 1/3 gender rule, permanently.

    There may be a handful of guys in both parliaments that may genuinely oppose this, but they will be drowned, intimidated or otherwise completely incapacitated to be effective.

    The country is too fractured, too tribalized and too polarized for citizens to actually come together as one and force these elected reps to do whats right. All that remains is to once again rely on the few handful civil societies and well know activists/voices to stand firm, but even that is now getting pretty old since these societies and activists have since been flooded with guns or more (appropriately) thugs for hire

    These guys will amend that constitution quietly and most likely get away with it. The only option left is concerted effort by activists/civil society and with backing of a diligent judiciary (but I have no confidence in the judiciary). The Nyachae led CIC is already in the executive pocket.

    Lets see what happens next

  3. Guess what, even before the ink dried in our start of the conversation, the crooks are already on to something and it is hideous. It is fast and furious.

    Here it is:

    http://standardmedia.co.ke/article/2000160537/blow-to-women-as-mps-opt-to-indefinitely-postpone-two-thirds-gender-rule

    As usual the Mpigs are clueless. Now they want to rush an amendment to the constitution to change Article 81(b) which stipulated the gender requirements. They think they can change it by a simple amendment when the matter has already been taken to the Supreme Court which made a ruling setting the deadline for implementation to be August 27, 2015.

    The gender requirement goes to the Bill of Rights. You cannot screw that up by coming up with monkey amendments to the constitution. Whatever amendment the Mpigs come up will be declared unconstitutional by the courts and by that time it will be too late to do anything. People will go to court and demand that both parliament and the senate be dissolved mara once. They will be unconstitutional period.

    If these fellows were smart and nobody can accuse them of such a crime, they would come up with a plan to increase the percentage of women representation one way or the other to show the courts that they are working towards the 1/3 gender requirement and plead for more time till 2017.

    But rushing phony nonsensical amendments is a fool’s game. It wouldn’t work and the consequences could be catastrophic. We told them this a long time ago and they thought they won a big victory when the Supreme Court gave them till August 27, 2015. At the end of the day this matter will go back to the Supreme Court which this time will find it very difficult to rule against their own ruling in 2015. Time Up

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