Special Cabinet meeting planned over law promulgation

Tuesday August 24 2010

By PPS

President Kibaki has convened a special Cabinet meeting on Wednesday, with the August 27 proclamation of the new Constitution as the agenda.

On Tuesday, the Cabinet approved the publication and tabling in Parliament of the Commission for the Implementation of the Constitution Bill 2010.

A statement from State House after the Cabinet sitting indicated that the move was in accordance with the Government's resolve to speedy and smooth implementation of the new constitution.

To give effect to the provisions of the new Constitution, Parliament is obligated to enact various legislation and sets out the time frame for the enactment ranging from 60 days to 5 years.

Accordingly, the Commission on Implementation of the Constitution should be established within 90 days.

The constitutional implementation Bill will pave way for an Act of Parliament to provide for the functions, powers, qualification of, and appointment procedure for members of the Commission on law implementation and for connected purposes.

The Bill will also provide for the qualification and appointment procedure of chairperson and members of the established commission under the 6th Schedule of the Constitution.

The Commission is established primarily to oversee the implementation of the new law that is set to be promulgated on Friday, August 27.

Its headquarters shall be in Nairobi, but may establish branches at any place in Kenya.

The function of the commission shall be to:

  • Monitor, facilitate and oversee the development of legislation and administrative procedures required to implement the constitution;
  • Co-ordinate with the Attorney-General and the Kenya Law Reform Commission in preparing for tabling in Parliament, the legislation required to implement the Constitution;
  • Work with each constitutional Commission to ensure that the letter and the spirit of the Constitution is respected;
  • Report regularly to the Constitution Implementation Oversight Committee on: the progress in the implementation of the Constitution and any impediments to the implementation of the constitution;
  • Exercise such other functions as are provided for by the constitution or any other written law.

The Commission will consist of a chairman and eight other members appointed in accordance with the constitution and the provisions of this Act.