1 Issue Number 16 • April 2011 Issue Number 16 • April 2011 In a state of stagnation Wrangles have derailed the constitution implementation process …By Musa Radoli ix months after the new Constitution was promulgated, very little headway has been achieved in the implementation process as bitter political wrangles take Scentre stage threatening to torpedo the process. Civil Society Organisations have expressed concerns that very few legislations needed have been crafted yet they are critical to ensure the speedy and smooth implementation of the new Constitution. Of specific concern are the bitter wrangles in which the two principal political parties — Party of the National Unity (PNU) and the Orange Democratic Movement (ODM) — have publicly engaged on critical matters concerning the con- stitution implementation processes. The Civil Society Organisations are con- cerned six months down the road of the consti- tutional implementation process, the political divide of the grand coalition government are still deliberately engaged in bitter acrimonious and highly personalised engagements that smack of deliberate schemes to torpedo the process. During a recent joint civil society forum in Nairobi, it emerged that out of nearly 700 leg- islations that are supposed to be crafted by the Attorney General’s office and tabled before Par- liament to be enacted, less than five pieces have been crafted and passed. Political wrangles The Commission for the Implementation of Kenyans celebrating promulgation of the new constitution. According to chairman of the the new Constitution (CIC) says that the pace at Constitution Implementation Commission, Mr Charles Nyachae (inset), political differences have which the process was being taken was slow due “We are determined to been an impediment to the process. Picture: Kenyan Woman Correspondent. to the political wrangles that have taken centre make a total departure from stage with the country’s legislators both in and commissions of any kind on the determination of the CIC commissioners to monitoring the implementation of katiba (the outside Parliament. ensure that the implementation process of the constitution). The CIC chairman, Mr Charles Nyachae any national issue to engage Constitution was not manipulated or compro- The objective of the initiative is to undertake says: “Despite the sluggish pace at which the new all stakeholders at all levels mised by any of the warring parties as it would a six-month audit of the progress in meeting constitutional implementation process has taken jeopardise national interests. the demands of the Constitution implementa- since its promulgation on August 27, 2010, we at throughout the process — tion schedule, identifying new progress markers the CIC are determined to ensure that the whole but above all ensure that Implementation and examining alternative mechanisms to foster process will be carried out to the letter within its pace and commitment to the implementation stipulated five year transitional phase.” Kenyans enjoy a free , fair, The concerns over the sluggish speed at which process. He added: “We are also determined to make highly transparent and the implementation of the new Constitution was In February 2011, Kenya marked exactly six a total departure from commissions of any kind taking place were expressed by stakeholders dur- months of the new Katiba. The realisation of the on any national issue to engage all stakeholders accountable process ever ing a conference deliberately convened to take new constitutional order heralded for the na- at all levels throughout the process — but above witnessed in the history of stock of the progress made since promulgation tion a rebirth and a new beginning. The new all ensure that Kenyans enjoy a free, fair, highly of the new Constitution. Constitution sufficiently provides the important transparent and accountable process ever wit- this country.” The conference held under the theme “Tak- foundation upon which the country can make nessed in the history of this country.” — Mr Charles Nyachae, ing Stock: Six Months of Katiba” was an initia- significant strides in the pursuit and promotion Nyachae says despite the political wrangles tive of Bridge Africa, Medeva Africa and Oxfam of human rights, gender equity and democracy; and acrimonious engagements among the po- The CIC chairman among other civil society organisations that aim citizen empowerment and devolution of re- litical divide of the coalition government, it was at building onto the efforts of non state actors in Continued on page 4 EDITORIAL Women must not shy away from plum jobs n January, women’s organisa- and Deputy. the public service, which means that The time for women with politi- year’s time for men and women with tions took the President to task It is indeed worrying that wom- recruitment of staff from the lowest to cal ambitions to step forward and be political ambitions to fight for. over judicial nominations of en did not apply for this position of the top cadres will not only be com- counted like former Justice Minister Time for shying away from taking key appointments. In the case public prosecutions. Hopefully there petitive, but a third of the posts must Martha Karua is now. They must not leadership positions is over, the time Ithat was taken to the High Court, the must be women among those seeking be reserved for the other gender. sit back waiting until the last minute now is for women who have been women argued that the President had to replace the immediate former chief However, for the plum civil ser- and blame men for frustrating their blaming men for their poor represen- been gender insensitive in picking justice Evan Gicheru and the newly vice jobs, women must be armed efforts to represent their people. tation in the legislature and in Gov- the Chief Justice, Attorney General, created position of deputy chief jus- with their credentials, in order to be It is disheartening that so far, very ernment to emulate their sisters in Director of Public Prosecutions and tice. appointed on merit. Further women few women have come out in public to Rwanda, who have the highest num- comptroller of Budget. In the new constitutional dispen- should improve their ability to net- express interest in any of the 47 Gov- ber of women MPs in the world. However, two months later, and sation, very many jobs will be created work within proffessional circles. ernors’ posts that will be up for grabs Kenya women must borrow a leaf after the President advertised the top in the current Constitutional dispen- So far, the principles of affirmative come the next General Elections. from the United States President, Ba- judicial jobs, there is a big yawning sation. Women must be pro-active not action and meritocracy has been ap- The same also applies to the over rack Obama’s clarion call and soldier gap. Twenty four candidates have ap- be left out. The new Constitution has plied openly and fairly in the recruit- 300 Parliamentary seats that are ex- on saying: “Yes we can, and yes we plied for the positions of Chief Justice also embraced affirmative action in ment and hiring of commissioners. pected to be declared vacant in a must!” 2 Issue Number 16 • April 2011 Women urged to take up leadership positions …By Karani Kelvin During the International Wom- Constitution is not enough. en’s Day celebrations held in Eldoret, “The Constitution must be omen must ensure the women also reiterated the call for implemented to safeguard our implementation of the children to have education. They said rights,” she said. constitution works to education is the best inheritance to However Kiptui warned safeguard their rights. both male and female children. against the over insistence on WSpeaking Dr Lucy Kiyapi, who This was the message coming out the girl child and her rights and was the chief guest at the function, among 300 men and women gathered said that it would be a matter of said that women need to be aware of at the Teachers Advisory Centre in time before people started crying their rights as enshrined in the new Eldoret to observe the International about the boy child. Constitution. Women’s Day. “We must ensure that equal Kiyapi who is a lecturer in the Kiyapi reiterated the theme of day rights are accorded to every child Dr Lucy Kiyapi shows Prof Margaret Kamar’s recognition shield to a group School of Public Health, Department which was “Equal Access to Educa- irrespective of their sex,” she said. of women from the Rural Women Peace Link who are holding certificates of Health Management, Moi Uni- tion, Training, Science and Technol- The Deputy Director of the versity, urged women to also take up ogy: Pathway to Decent Work for Alliance Francaise, Ms Solenne they have been awarded for their efforts. Picture: Karani Kelvin leadership positions which is given Women.” Huteau, said that they had part- within the new Constitution. On gen- She particularly encouraged the nered with Rural Women Peace Link der assembly balance and diversity, people present to take girl-child edu- (RWPL) to host the function because women since they contribute a lot to Article 197 (1) says: “Not more than cation seriously because it will benefit they believed it is an important one. society. one thirds of members of any county the society in the long run. “When The Rural Women Peace Link “Women are the pillars of all soci- Inmates lament assembly or county executive com- you educate a woman, you educate team leader, Mrs Celine Korir, said eties,” said Korir. the whole community,” said she. mittee shall be of the same gender.” that the organisation which was The function culminated in the Speaking during the same event, holding of The same point is reiterated on started in the early 1990s was formed awarding of certificates of recogni- the chapter on representation of the Mrs Grace Kiptui, a lawyer and host to fight for the rights of women and tion to women leaders.