Nyachae team will not seek term extension despite delays

The commission that has been overseeing the implementation of the Constitution will not be seeking an extension of its tenure despite the National Assembly overwhelmingly voting for a one-year extension on Tuesday to pass the last batch of Bills to breath life into the document.

Commission for the Implementation of the Constitution (CIC) chairman Charles Nyachae said the MPs’ move does not affect them and they “will still go home in December”.

Part 1 of the Sixth Schedule of the 2010 Constitution provides that CIC “shall stand dissolved five years after it is established or at the full implementation of this Constitution as determined by parliament, whichever is sooner.”

Parliament is, however, granted powers to extend the life of CIC. But Mr Nyachae said that it was not in the plan of CIC to remain in office until next August despite sources indicating that some commissioners preferred an extension.

Mr Nyachae instead said the National Assembly should now come up with an alternative mechanism for implementation to ensure the final laws they pass are consistent with the Constitution — even though CIC had been involved in the early stages of their formulation.

“That mechanism should have some measure of independence,” said Mr Nyachae.

MPs voted 260 to 11 for the extension of the deadline for passing the pending 28 Bills to August 2016. The Bills were required to have been passed by Thursday. Failure to get the extension would have allowed any Kenyan move to petition the High Court to dissolve Parliament.

Though MPs may not see the need for such a mechanism to oversee the constitutionality of the final products, Mr Nyachae argues that “it is in the interest of the Constitution implementation to come up with the mechanism”.

According to Mr Nyachae, MPs can transfer that powers of CIC to the Kenya Law Reform Commission.

“The other option is through public participation, which may not serve the purpose adequately because it is not structured. It is the Members of Parliament who can address how they want to ensure the integrity of the process is maintained once we are gone,” he said.

Before being taken to Parliament, Bills generally require the input of the Attorney General, CIC, KLRC and the public.

Some of the Bills that the National Assembly ought to have passed by August 27 are Small Claims Court 2015, High Court Organisation and Administration Bill, 2015, Court of Appeal Organisation and Administration Bill 2015, Forests Bill, Energy Bill and Petroleum Exploration, Development and Production Bill, all of 2015.

Parliament was also required to pass Seeds and Plant (Varieties) Amendment Bill 2015, Community Land Bill 2015 and Protection of Traditional Knowledge & Traditional Cultural Expression Bill 2015, Physical Planning Bill, Historical Land Injustices Bill, Provision on Maximum and Minimum Acreage Bill, Eviction and Resettlement Bill,