Counting The Milestones

Your Excellency the Governor, Hon Mwangi wa Iria

County Commissioner
All Members of Parliament Present
Speaker of the County Assembly
Members of the County Assembly
Distinguished Guests
Ladies and Gentlemen
Let me begin by, on behalf of the Commission for the Implementation of the
Constitution (CIC ), saluting the people of Kenya and once again
acknowledging the historical significance of the sacred duty that they have
bestowed upon this commission to oversee the full and faithful
implementation of their constitution.
We continue to pledge our commitment to discharge this duty in the best
interest of the people of Kenya, and their future generations.
I want to thank the people of Muranga County for welcoming and giving the
commission an opportunity to launch the annual report for the year
2013/2014 in this beautiful county. We are indeed honored by the warm
reception and with your presence here today.
distinguished guests

We the people of Kenya gave ourselves the constitution of Kenya in 2010

after many years of struggle for constitutional reforms. The defining feature
of that struggle was the commitment to radically and positively transform
Wanjinkus life in social, political and economic terms.
After attaining political independence, we had over 40 years of wandering
in the desert of limited democratic space under the former constitution. That
constitution failed us. In adopting and enacting the constitution of Kenya
2010, the people believed that the Promised land was not only in sight but
was within reach. They envisaged for themselves, through the
implementation of the constitution, in the words of the preamble to the
constitution, a society based on the essential values of human rights,
equality, freedom, democracy, social justice and the rule of law.
Article 10 of the constitution sets out in clear terms, the national values and
principles which underpin our constitutional architecture: patriotism, national
unity, sharing and devolution of power, the rule of law, democracy,
participation of the people, human dignity, equity, social justice,
inclusiveness, equality, human rights, non-discrimination, protection of the
marginalized, good governance, integrity, transparency and accountability,
and sustainable development.
Ultimately therefore, these principles must be the standard by which we
must measure the success of the implementation of the constitution of
Kenya 2010.
One of the great promises of the new constitution was the adoption of a
devolved system of government with the aim of moving services, power and
resources closer to the people. Our assessment of devolution shows that the
people of Kenya have begun to realize the fruits of devolution. However, the
journey has just began. Wanjikus dream will be realized when she can be
assured of the economic and social rights as are promised to her in article 43
of the constitution namely:
the highest attainable standard of health, which includes the right to
healthcare services, including reproductive health care; accessible and
adequate housing, reasonable standards of sanitation; freedom from hunger,
adequate food of acceptable quality; clean and safe water in adequate
quantities; social security; and education.
As a commission, on our part we continue to endeavor to include the delivery
of the economic and social rights in relevant legislation, such for example, as

the health bill. there is however clearly a need for a more deliberate and
robust programme by both levels of government to actually ensure, as is
required in article 21(2) of the constitution, that legislative, policy and other
measures are indeed put in place to ensure the delivery of the article 43
rights.
Ladies and gentlemen, while the constitution clearly delineates functions for
the different arms of government, it calls for cooperation, coordination and
consultation. The route to achieving our respective mandates lies in the
strength of our intra and inter governmental relations. A chain is only as
strong as its weakest link. As a nation, transiting from a centralized to a
devolved system of government, our weakest link at the moment is the
ceaseless power struggles between and within different arms of
government. In the words of the late emperor Haille Sellasie history teaches
us that unity is strength and cautions us to submerge and overcome our
differences in the quest for common goals, to strive with our combined
strength
While it is to be expected that new institutions or institutions with new
mandates, as well as a radically changed system of governance, will present
transitional challenges, much of what has been displayed by these
institutions is in truth unnecessary, and has the effect of delaying or even
derailing, the implementation of the constitution. while a lot of success has
been registered for example on the legislative front, it remains a serious
concern that the two houses of parliament seem unable or unwilling to
adhere to the clear provisions of the constitution such as articles 109 - 113
that exist for the very purpose of facilitating the working of our bicameral
parliament, add to this the repeated demonstration of disregard and
contempt for the rule of law demonstrated by the leadership of both houses
of parliament, you have a recipe for, at best, confusion, and at worst,
anarchy. This cannot surely be in Wanjikus interest, nor can it be what she
contemplated as she adopted her constitution.
The routine spats between governors on one hand, and both houses of
parliament is yet another case in point. Yet another example is the
continuous institutional shadow boxing between a constitutional commission
and a department of the national executive, at the expense of delivery of
services much needed by Wanjiku. The constitution is clear on their
respective constitutional mandates and responsibilities. If indeed there are
genuine issues of interpretation, then these should be determined once and
for all by the only institution that has the constitutional capacity to do so: the

courts. Failure to do so will continue

implementation to Wanjinkus detriment.

to

hamper

the

process

of

In the fifth year of the implementation of the constitution, the time has
surely come when those who are unable or unwilling to respect the
constitution, uphold the rule of law and serve in terms of their oath of office
should be required to exit those offices, and if necessary be declared unfit to
hold public office. This must be so, irrespective of the constitutional offices
they now hold.
Ladies and gentlemen,
The people of Kenya established the commission for the implementation of
the constitution to discharge specific mandates and oversee the
implementation of the constitution and to report regularly to parliament, the
president and the people of Kenya. It is in discharging our reporting function
that the commission prepared the annual report for the period 2013/2014.
The report highlights achievements in the implementation of the
constitution; challenges faced, and make recommendations on how the
challenges can be addressed.
Some of the achievements realized in the last one year include.
a) Enactment of required of laws required to implement the constitution,
especially those specified in the 5th schedule to the constitution, within the
stipulated timelines.
b) Establishment of intergovernmental structures such as the summit, the
council of governors and the intergovernmental budget and economic
council.
c) Operationalization of the county structures and systems e.g. county
executive committees, county assemblies and county public service boards,
as envisaged by the constitution. County assemblies were fully constituted
by nominating members to fulfill the gender and marginalized groups
categories, speakers clerks, and county executive committee members as
well as members of county public service boards were appointed.
d) Allocation of funds to the counties based on the constitutional division of
revenue and the preparation of inaugural budgets by counties.

e) County governments developed their county integrated development

plans (CIDPS) which informed the preparation of their budgets, and also
began the development of various laws required to guide delivery of
functions.
f)
County governments developed various laws required to guide delivery
of functions.
g) County governments established units of decentralization at the subcounty and ward levels and appointed administrators to oversee their
management.

In implementing the constitution, the following challenges were experienced:

i)
Lack of cooperation and coordination between different levels of
government adversely affecting implementation of devolution.
ii)
Unfinished analysis and costing of functions leading to functions
being transferred without accompanying resources/budgets.
iii)

Alleged county boundary disputes

To address the challenges and ensure that the implementation momentum is

maintained;
1. The national government, in consultation with county governments,
should develop and implement a comprehensive civic education programme
for the citizenry.
2. The national and county governments should draw and implement a
clear capacity building framework with proper coordination mechanisms on
the constitution implementation.
3.
There is need to establish and strengthen the requisite
intergovernmental relations structures and fast-track the establishment of
the technical committee.
4. All policies and laws that are being developed at both levels of
government require an effective audit to ensure they have integrated all
relevant constitutional values and principles.

Ladies and gentlemen

The constitution of Kenya declares that sovereign power vests in the people
of Kenya. While execution of some sovereign functions has been delegated to
the executive, legislature, and judiciary respectively, it is common
knowledge that while a principal may delegate authority, the principal
retains ultimately, the responsibility for the outcome of that delegated
authority. as a people we are ultimately responsible for the destiny of our
nation and it behoves all of us to be involved in nation building through
various citizen engagement and public participation frameworks.
This report, and indeed all reports prepared and submitted by state organs
are presented to the people to facilitate monitoring and evaluation of
progress in implementation of the constitution. It is therefore your sovereign
duty to read such reports and give feedback as appropriate.
At CIC , we understand public participation to be a constitutional imperative.
We endeavor to engage with the people of Kenya in various ways including
public forums during county visits. for instance, between January and June,
2014 we visited and held public forums in Bungoma, Marsabit, Taita Taveta,
Lamu, Tana river, Kilifi, West Pokot, Elgeyo Marakwet and Turkana counties.
We thank the people of Kenya for sharing their experiences, concerns and
expectations with the commission. In this way, you keep us grounded in
reality and always push us to do our outmost to protect the sovereignty of
the people, promote constitutionalism and ensure respect for the letter and
spirit of the constitution.
Distinguished guests, as we gather here to count milestones in the
implementation of the constitution, it is saddening and indeed unfortunate
that our brothers and sisters have been maimed, killed and traumatized
by increasing incidents of insecurity. Our constitution guarantees human
rights and fundamental freedoms including the right to life, human dignity
and freedom from cruel and inhuman treatment. Article 19(2) of the
constitution provides that the purpose of recognizing and protecting human
rights and fundamental freedoms is to preserve the dignity of individuals and
communities and to promote social justice and the realization of the potential
of human beings. In the express terms of article 21(1) of the constitution, it
is a fundamental duty of the state and every state organ to observe, respect,
protect, promote and fulfill the rights and fundamental freedoms of the bill of
rights. To all state agencies charged with providing security to the people of

Kenya, increased incidents of insecurity call for concerted efforts to

guarantee the people of Kenya their security and that of their property.
Whilst acknowledging the sensitivities associated with national security, and
even as we urge against the temptation to politicize the issue, the state and
its agencies must remain accountable to the people of Kenya for their
security. This is no more than the constitutional rights of the people.

In conclusion, I once again thank you for attending this function. I invite all of
you to read the report and call upon each one of us to play our role in
ensuring that everyone respects, upholds and defends the constitution.

Thank you and god bless

Charles Nyachae