Constitutional Reform

 

PROJECT PROFILE

The project is aimed at finalizing the national Constitution together with its enabling legislation.
 

PROJECT OVERVIEW

Status:
On Schedule/Ahead of Schedule
Implementing Ministry (MDAS):
Ministry of Interior and Coordination of National Government.
Location:
Nationwide
Sector:
Public Sector Reforms
MTP Target:
Implementation of Constitution 2010.
Annual Target:
National referendum on new constitution 2010 ? 2011 bills and laws in the fifth schedule of Constitution.
 

PROJECT PROGRESS

The Constitution of Kenya was promulgated on August 27, 2010, after a national referendum that was held on August 4, 2010 that was endorsed by 67 percent Kenyans. In October 2010, Cabinet approved the budget for the implementation of the 2010 Constitution. This led to the establishment of the Commission for the Implementation of the Constitution (CIC) vide Kenya Gazette Notice published on December 31, 2010. The functions of CIC are to facilitate, coordinate, monitor, and oversee the development of legislation and administrative procedure and work with each Constitutional Commission to ensure that the letter and the spirit of the Constitution is respected.

So far, legislations have been enacted in the areas of judicial reform, electoral reform, internal security reform, public service reforms, promotion and protection of human rights, public finance, and aspects of the devolved system in an effort to operationalize the 2010 Constitution.

President Mwai Kibaki signed the following laws that were passed by parliament:-
  • The Kenya Institute of Curriculum Development Bill 2012,
  • The Basic Education Bill 2012,
  • The Kenya Commission for UNESCO Bill 2013,
  • The Science Technology and Innovation Bill 2012,
  • The Technical and Vocational Education and Training Bill 2012,
  • The Transition County Allocation of Revenue Bill 2012,
  • The Transition County Appropriation Bill 2013,
  • The County Governments Public Finance Management Transition Bill 2013,
  • The Constituencies Development Bill 2012,
  • The National Government Co-ordination Bill 2012,
  • The Agriculture, Livestock, Fisheries and Food Authority Bill 2012,
  • The Kenya Agricultural and Livestock Research Bill 2012,
  • The Pyrethrum Bill 2012,
  • The Crop Bill 2012,
  • Presidential Retirement Benefits Amendment Bill 2013,
  • The Public Private Partnership Bill 2012,
  • The Social Assistance Bill 2012,
  • The National Honours Bill 2013,
  • The Supplementary Appropriation Bill 2013,
  • The Office of the Director of Public Prosecutions Bill 2013,
  • The Civil Aviation Bill 2013,
  • The International Interests in Aircraft Equipment Bill 2013,
  • The Kenya Medical Supplies Authority Bill 2013,
  • The Kenya Law Reform Commission Bill 2012,
  • The Nairobi Centre for International Arbitration Bill 2012,
  • The Public Benefit Organization Bill 2012,
  • The Sports Bill 2012,
  • The Public Health Officers (Training, Registration and Licensing) Bill 2012,
  • The Customs and Excise (Amendment) Bill 2012
  • The Statutory Instruments Bill 2012.
 

OBJECTIVE

  • To harmonize the nation's history, 1963 constitution, draft constitution of 2005 and all amendments made to it after that date.
  • To establish a stable constitutional dispensation that can be the basis for national governance reforms and new value system for a better country.

BENEFITS

National governance reforms based on the Constitution.
 

PROJECT COMPONENTS

  • Institutional Reform;judiciary
      STATUS:
      On Schedule/Ahead of Schedule
      LOCATION:
      Country Wide
      COMPONENT PROGRESS:
      The following Acts are in place:

      Vetting of Judges and Magistrates Act 2011

      This Act facilitates the mechanism for vetting of sitting judicial officers under Section 23 of Schedule 6. The chairperson and members were appointed through the Kenya Gazette notice dated September 2, 2011.

      Judicial Service Act 2011

      This Act is intended to operationalise Articles 171, 172 and 173 of the Constitution of Kenya 2010.

      Supreme Court Act 2011

      This legislation is intended to operationalise Article 163(9), Judges of the Supreme Court have already been appointed vide Kenya Gazette notice of June 16, 2011.

  • Institutional Reform;Police reforms
      STATUS:
      On Schedule/Ahead of Schedule
      LOCATION:
      Country Wide
      COMPONENT PROGRESS:
      National police service commission Act, No. 30 of 2011

      Assented on 30th September, 2011. This Act provides for the operations of the police service in accordance with Article 245(8) of the 2010 Constitution.
  • Institutional Reform; Civil Service Reforms
      STATUS:
      On Schedule/Ahead of Schedule
      LOCATION:
      Country Wide
      COMPONENT PROGRESS:
      Salaries and Remuneration Commission Act (No. 10 of 2011)

      Already in place. The objective of this legislation is to make provisions to the functions and powers of the Salaries and Remuneration Commission, the qualifications and the procedures for the appointment of the chairperson and members of the commission. The legislation will also determine salaries of the President, Cabinet, Members of Parliament, governors, senators, judges and magistrates and cater for any other related purposes under Article 230 and Chapter 15 of the 2010 Constitution.
  • Institutional Reform;Parliamentary Reforms
      STATUS:
      On Schedule/Ahead of Schedule
      LOCATION:
      Country Wide
      COMPONENT PROGRESS:
      Elections Act 2011

      This legislation is supposed to revise and consolidate election laws in Kenya. It is supposed to provide for the conduct and procedures of elections to the Office of the President, the National Assembly, the Senate, Governor and County Assemblies and also to provide for the conduct of referenda and prevent election malpractices.

      Political Parties Act 2011

      This legislative framework is for the regulation of political parties in accordance with Articles 91 and 92 of the 2010 Constitution.
 
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