Nyachae right on laws
Commission on the Implementation of the Constitution chairman Charles Nyachae (centre) at a past media briefing. Nyachae cautions that some of the laws passed may be illegal because there was no involvement of the people. PHOTO | NATION MEDIA GROUP
What you need to know:
- Precisely, the Fifth Schedule of the Constitution puts a five-year limit, from 2010, to the period within which all new laws have to be enacted.
- Yet, Article 10 of the Constitution expressly makes public participation a mandatory requirement in law-making and policy formulation. Failing to do so amounts to breach of the Constitution.
Parliament and county assemblies have been busy passing Bills in the past two years to comply with the timelines provided for in the Constitution.
Precisely, the Fifth Schedule of the Constitution puts a five-year limit, from 2010, to the period within which all new laws have to be enacted.
This means that all the laws must be in place by the end of next year.
However, in the rush to meet the deadlines, the MPs and members of county assemblies seem to have circumvented the processes, one of which is involving stakeholders.
Yet, Article 10 of the Constitution expressly makes public participation a mandatory requirement in law-making and policy formulation.
Failing to do so amounts to breach of the Constitution.
This is the point the chairman of the Commission on the Implementation of the Constitution, Mr Charles Nyachae, is making when he cautions that some of the laws that have been passed may be illegal because there was no involvement of the people.
Therefore, a proper audit needs to be carried out to establish where breaches may have been made and amendments sought. More important, all the remaining laws must follow the right procedure.
