Wako to blame for delayed laws, says CIC
FILE| NATION
The chairman of the Commission for the Implementation of the Constitution Charles Nyachae (right) recently accused Attorney-General Amos Wako (left) of refusing to give the Independent Electoral and Boundaries Commission Bill to his team for scrutiny before it goes to the President for approval.
The Executive has scored poorly in effecting the Constitution, according to the Commission for the Implementation of the Constitution (CIC).
The custodians of the implementation of the Constitution have named Attorney General Amos Wako as being among the key obstacles to the roll-out of the new laws.
The CIC has also pinpointed impunity, a deliberate refusal by those in power to embrace the 10-month-old Constitution, and the selective interpretation of the Constitution and misinformation of the public by politicians as being among the key roadblocks to the new governance regime.
In its quarterly report sent to the President, the Prime Minister, and Parliament, and released to the public on Thursday, the commission said the AG’s office has not offered meaningful direction to the implementation process.
“The Office of the Attorney-General has fallen short of its mandate to give legal opinion in terms of faithful implementation of the Constitution and this has led to lack of clarity in the implementation process,” the 70-page report said.
This is the second time that the CIC, which has in the past called the AG an “impediment” to the implementation process, is attacking him. The AG has until August 26 to leave office.
The commission has also blamed the Clerk of the National Assembly, Mr Patrick Gichohi, for “being slow” to initiate a meeting between Parliament and the commission on how the implementation will work.
The commission works with Parliament’s Constitution Implementation Oversight Committee and all correspondence to Parliament is addressed through the Clerk’s office.
The report comes in the wake of several suits pending in court and heated debate about the enforcement of some clauses of the Constitution.
Among the controversial issues are the push by MPs and some members of the Executive to delay the taxation of their perks, the tussle about the date of the next elections, the furore about the process of nominating and appointing constitutional office holders, and the controversy about MPs holding positions in political parties.
With less than two months left to the August 26 deadline for some of the crucial laws to be implemented, only five laws have been signed into law. Some of the vital Bills that need to be passed before the end of next month are the Elections Bill, the Political Parties Bill, and a Bill on devolved government.
