AG to continue with duties for a year from time new laws effected

Ahead of the August 4 referendum, nation.co.ke is highlighting changes that the proposed constitution envisions. The goal is to encourage informed public debate.

What do transitional provisions of the proposed constitution say about holders of public offices?

Generally, the proposed constitution says persons in some offices of government should continue holding them until either the laws effecting changes come into force or until the officials’ tenure elapses.

The only exceptions in the Executive arms of government are the offices of the Attorney-General and the Controller and Auditor-General.

The transitional regulations indicate that the Attorney-General and the Controller and Auditor-General shall continue to perform the functions of their respective offices for a period of one year from the date that the new constitution takes effect or replacements for those offices are appointed, whichever is earlier.

Since the proposed constitution has separated the office of the Director of Public Prosecutions, the Attorney-General shall hold that office until an appointment to it is made in accordance with the new constitution.

The Controller and Auditor-General shall also continue to perform the functions of the Controller of Budget until the new holder of it is appointed.

The national government is obliged to ensure that the provincial administration is restructured so that it conforms to the county government system established by the new laws.

Local authorities shall continue to exist under the law establishing local governments and in the same way unless any law is subsequently enacted that would affect them.

With regard to the new offices created under the proposed constitution, the transition regulations state that the process should commence soon after the new laws are promulgated and must be finalised within one year.

The appointments that are required to be made by the President should be made in consultation with the Prime Minister until the next General Election is held.