Nairobi 16th March, 2012………International Center for Policy and Conflict (ICPC) is concerned about the slow pace of the implementation of the new Constitution. We have been monitoring the implementation process and conclude that there have emerged irrelevant short term political interests that have overshadowed the core work of building stable and sustainable institutions. The citizen’s participation in constitutional implementation seems to have swayed towards politics. We therefore would like to pin point the following;
v The slow drafting process of bills is alarming with the detrimental effect of bills being incoherent and inconsistent with each other with massive lack of harmony and synchrony going against the spirit and letter of the new Constitution. The Parliament and Constitution Implementation Commission (CIC) should and must always operate concurrently and not in variance for there to be no conflict. Consultation and cooperation should be vital in this process.
v Newly created state institutions appear to have been manipulated or compromised failing to deliver what is expected of them under the new Constitution. Almost all state institutions are in transit. For instance, the civil service, Independent Electoral and Boundaries Commission (IEBC) and the police are expected to comply with the new Constitution.
v The Independent Electoral and Boundaries Commission on the other hand has failed to set the date of elections as it is mandated to do. It being an independent body, IEBC has the right to set the date for the country’s next general elections as is required of them and which we categorically state shouldn’t be any later than December 2012.
v Kenyans are tired of waiting to know when the country goes to the ballot and it is time the IEBC put an end to this anxiety. Relying on the two principals to set a date for the country’s next general election is not in the best interest of the public as the two are interested parties and would therefore settle for a date that is convenient for them and not for the good of the country. It therefore goes without saying that IEBC is the disinterested party and should therefore consequently take the lead and set the election date to put an end to anxiety amongst Kenyans.
v The failure by the government to operationalize the National Police Service Bill through gazzettment of its commencement date has led to the state of confusion and non compliance with the Constitution that has rocked the Police force. Case in point has been the blatant refusal by the Police force to comply with court orders as was evidenced with the delay in complying with the warrant of arrest against the Son of the retired President, Philip Moi. Secondly, the Nairobi PPO Anthony Kibuchi refusal to enforce a court order issued to reinstate the lady occupier of a disputed piece of land citing a flimsy excuse of having to consult further. This is a clear demonstration that the police have retained their old mindset of operating in the old order in order to perpetuate impunity.
v In matters to do with the county government bill the concerns raised by the executive of reintroduction of the Provincial Administration of being in charge of matters to with security at the County level are illegitimate and unconstitutional. The Constitution of Kenya 2010 has extensively dealt with all matters of national security in Chapter Fourteen by giving specific institutions specific mandates and does not in any way mention the provincial administration. Neither can a governor have any say in security matters.
v The Provincial administration has been the epitome of the imperial presidency that Kenyans fought hard to do away with through the New Constitution, thus their re- introduction is a re-perpetuation of this impunity.
v Every time the country is on brink of making a major breakthrough politicians try to find a way to sabotage it. History tends to repeat itself in 1997 the politicians hijacked a process of democratization of this country before elections. In 2007 there were the failed minimum reforms. In 2012 there are strong provisions on the elections. The focus of our politicians has been short term political ventures making constitutional implementation suffer.