Mutula sees risks against constitution
The implementation of the Kenya's new constitution faces risks and challenges from the 2012 succession politics, the competing coalition politics and personal interests of certain office holders who occupy positions that are targeted for reforms.
Despite these challenges, the minister in charge of justice and constitution affairs Mutula Kilonzo lauded the progress so far made in the process which he said had been achieved in record time.
According to Mr Kilonzo, a clear strategy must be established to manage the challenges that have emerged in the course of implementation. Besides the Kibaki succession politics which is also linked to the coalition wrangles, personality interests, the implementation process also has to surmount budgetary limitations, the unrealistic expectations of Kenyans, challenges of empowering key implementation organs to execute their mandates and of keeping state organs within the letter and spirit of the law.
“All these challenges/risks are real and we must develop a plan for managing and mitigating them. The constitutional implementation risk management plan must be one that identifies the risks in good time and proposes realistic mitigation measures,” Mr Kilonzo told delegates at the opening of the 1st National Constitutional Conference.
President Kibaki and Prime Minister Raila Odinga will preside over the official opening of the three-day conference on Tuesday. The conference’s theme is From Prospect to Progress: Constitutional Implementation in Letter and Spirit.
The Justice Minister outlined the success stories so far recorded in the course of the implementation as the appointment of Dr Willy Mutunga, Ms Nancy Baraza as Chief Justice and Deputy Chief Justice respectively and also the five other judges of the Supreme Court.
The National Assembly has also passed the Supreme Court Act for the operations of the court.
“The enactment of this law and the appointment of the judges now provide a forum for asserting the supremacy of the Constitution and the sovereignty of the people of Kenya and for the authoritative and impartial interpretation of the Constitution.”
Other legislations enacted so far include the Vetting of Judges and Magistrates Act, Judicial Services law and Constitution Implementation Law. Parliament has also debated the Independent Offices (Appointment) law while the Political Parties Law is still under consideration by the Cabinet.
“But most significantly, we have developed a national integrated civic education strategy which we shall be launching very soon,” the minister said.
The minister warned the conference to resist manoeuvres that would negate the hard fought gains.
