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KatibaNewJanuary-Februasry 2011 The birth of a new Republic Meeting the deadlines The challenges of filling up constitutional offices Inside: * Push and pull at the ICC * Judicial independence and accountability * Paying for The Hague * So, what will have to change? ABOUT THE MEDIA DEVELOPMENT ASSOCIATION h e M e d i a discuss development oCreate a resource D e v e l o p m e n t issues and their link to centre for use by TAssociation (MDA) is journalism; journalists; an alumnus of graduates of University of Nairobi's School oCarrying out research oReinforcing the values of of Journalism. It was formed in on issues relevant to peace, democracy and 1994 to provide journalists with journalism; freedom in society a forum for exchanging ideas on through the press; how best to safeguard the oOrganizing tours and o integrity of their profession and excursions in and Upholding the ideals of a to facilitate the training of media outside Kenya to widen free press. journalists' knowledge of practitioners who play an Activities of MDA include: increasingly crucial role in t h e i r o p e r a t i n g environment; pAdvocacy and lobbying; shaping the destiny of the country. oPublishing magazines for pPromoting journalism journalists, and any exchange programmes; The MDA is dedicated to other publications that helping communicators come are relevant to the pHosting dinner talks; to terms with the issues that promotion of quality affect their profession and to journalism; pLobbying for support of respond to them as a group. journalism training The members believe in their oEncouraging and assist institutions; ability to positively influence the m e m b e r s t o j o i n conduct and thinking of their journalists' associations pInitiating the setting up colleagues. l o c a l l y a n d of a Media Centre which internationally; will host research and The MDA aims at: recreation facilities; oB r i n g i n g t o g e t h e r oC r e a t i n g a f o r u m journalists to entrench through which visiting pW o r k i n g f o r t h e friendship and increase journalists from other development of a news professional cohesion; countries can interact network; Providing a forum with their Kenyan t h r o u g h w h i c h counterparts; pProviding incentives in journalists can discuss terms of awards to the problems they face oHelping to promote outstanding journalists in their world and find journalism in rural areas a n d j o u r n a l i s m ways of solving them; particularly through the students; training of rural-based oOrganising exhibitions correspondents; pI n v i t i n g r e n o w n e d in journalism-related journalists and other a r e a s s u c h a s oAdvancing the training of speakers to Kenya; photography; journalists in specialised areas of communication; pNetworking and liking oOrganising seminars, u p w i t h o t h e r workshops, lectures and journalists' organisations other activities to locally and abroad. Katiba News Jan/Feb 2011 Jan/Feb 2011 This newsletter is meant to: 1 Give critical analysis of democracy and governance issues in Kenya. 2 Inform and educate readers on the ongoing Constitution Review Process. KatibaNews is published by Media Development Association (MDA). This publication has been made possible with the kind support of the Konrad Adenauer Stiftung (KAS) in Kenya. MDA is not-for-profit organisation Contents registered under the Societies Act. 3. Meeting the deadlines Managing Editor The challenges of filling up constitutional Stephen Ndegwa offices Associate Editors Susan Kasera 7. Push and pull at the ICC Patrick Mwangi Henry Owuor 10. Judicial independence and accountability in Office Assistant Kenya Monica Mugure Photography 14. Paying for the Hague World Wide Web Seeking justice or abetting impunity? Art Direction & Design 17. So, what will have to change? Khafre Graphics KatibaNews is published monthly and is distributed free to all media houses, civil society organisations, and the public. All are welcomed to send their observations on the constitutional review process to be the Editorial Board. Views expressed in this newsletter do not necessarily reflect those of MDA, KAS or partners. Reprinting of materials permitted provided the source is acknowledged. All Correspondence to: The Editor Katiba News P.O. Box 64254-00620 Tel. 2712309 Nairobi, Kenya Email: [email protected] Katiba News Jan/Feb 2011 1 Implement the new constitution now!!! 2 Katiba News Jan/Feb 2011 Reforms Meeting the deadlines The challenges of filling up constitutional offices Promulgation of the new aving voted in be filled up. The commis- Constitution was just the the new It is, therefore, worth- sions established include: first step in a long Constitution while to examine what • journey that will take and the same these posts and commis- The Kenya National months and years. haHving been promulgated sions are, the progress Human Rights & Anything looked sur- in a colorful ceremony at made in filling them, the Equality Commission mountable at the heat of Uhuru Park, attention expected challenges to deal with the the moment. However, and excitement has when making these promotion of Human with real politics the rapidly shifted to its appointments, horse Rights and Gender Kenyan way, we know implementation. trading as a challenge in Equality. the challenges that lie the appointments and •The National Land ahead in ensuring that One aspect of implemen- finally give a preview of Commission charged the document becomes tation is the preparation the controversial nomi- with the responsibil- a reality within the and passage of legislation nation of the Chief ity of managing stipulated time sched- required under the new Justice (CJ), Attorney public land and ules. Our writer gives us order. However, this has General (AG), Director of monitoring land use. the real picture. been overshadowed by Public Prosecution (DPP) •The Ethics & Anti- the dramatic competition and the Controller of the Corruption By Moses Kipsang' for key public appoint- Budget by the President. Commission to take ments introduced by the over the role of the new law. Plum jobs existing Kenya Anti- Whereas many Kenyans Corruption are content with having a Commission. new constitutional •The Independent dispensation, many in Electoral & the academia, legal field Boundaries and civil society are more Commission, which delighted with the fact shall be in charge of that the Constitution has conducting elections, created numerous plum referenda and the jobs. delimitation of electoral units. New commissions have •The Parliamentary been established while Service Commission, some that were in which will contrive to existence earlier have render services and been remodeled. Article facilities for proper 250 of the Constitution functioning of the dictates that commis- Parliament. sions are to be made up •The Judicial Service of at least three and not Commission (JSC), more than nine mem- which has already bers. With at least 11 been put in place, to The would-be Attorney General commissions, there will promote and facili- Prof. Githu Muigai be plenty of positions to Katiba News Jan/Feb 2011 3 Reforms tate the administra- Key bodies elections, all other new year, but its members tion of justice by the Other key bodies include appointments are were sworn in on January Courts. the National Security pursuant to section 29 of 11, this year. The com- •The Commission on Council to supervise the 6th Schedule missioners include Hon Revenue Allocation, Kenyan Defence Forces, required to be filled up Isaac Lenaola, Hon Riaga which has the task of the National Intelligence within 1 year. Omollo of the Court of recommending the Service, National Police Appeal, Hon Emily basis of equitable Service and the Defence Progress Ominde representing the sharing of revenue. Council charged with the The process of filling the Judiciary, lawyers •The Salaries and supervision of the Kenya aforementioned posi- Ahmednassir Abdulahi Remuneration Defence Forces. Unlike tions began but is often and Florence Mwangi Commission to set up the commissions, the characterised by last representing the Law and regularly review composition of the minute rushes, contro- Society of Kenya, Prof the remuneration & National Security Council versy and relative delays. Christine Mango, Bishop benefits of all State and Defence Council is Indications from the Antony Muheria and Mr officers. restricted to officers who Kenya Law Reform Titus Gatere of the Public •The Public Service assume the required Commission are that the Service Commission. Commission and offices such as the Bills necessary for setting Teachers Service Cabinet Secretary for up some of these On January 18, 2011 Commission shall Defence. Commissions and there was yet another continue with their Independent Offices are belated swearing in of roles of administra- The Constitution also ready and only awaiting commissioners. These tion of the Public establishes Individual the approval of the were members of the Service and employ- Independent Offices Commission for the Commission on Revenue ment of teachers. including the CJ, Deputy Implementation of the Allocation (CRA). Like the •The National Police CJ, AG, DPP, the Secretary Constitution (CIC) before CIC, the CRA was Service Commission to the Cabinet, Controller their introduction to required to have been is mandated to of the Budget, Offices of Parliament. constituted within 90 recruit and exercise the Principal and Cabinet days of the promulgation. disciplinary control Secretaries, the Auditor The first commission to over persons in the General, the Inspector be established was the The CRA is chaired by the National Police General (Commander of CIC. It was to be in place former Central Bank of Service.