Tuesday, July 31, 2012



Prof. Githu Muigai

Six critical Bills required for the full implementation of the Constitution are to be enacted in August, Attorney General Githu Muigai has said July 31, 2012.

July 31 2012

Six critical Bills required for the full implementation of the Constitution are to be enacted in August, Attorney General Githu Muigai has said

The National Intelligence Service Bill, National Security Council Bill, Kenya Defence Forces Bill and Leadership and Integrity Bill were under discussion by the Cabinet Committee on the Implementation of the Constitution, Prof Muigai said in a statement.

Others – The Campaign Financing Bill and the Right to Petition Parliament Bill – are with the Commission for the Implementation of the Constitution (CIC).

Prof Muigai noted that the Assumption of Office of the President Bill has already been published and is ready to be introduced to Parliament.

The deadline for the enactment of these Bills is August 26.

The Bills are a part of the reforms in administration, security and justice as well as in ethical leadership and integrity enforcement mechanisms by the Constitution.

The National Intelligent Service Bill will replace the National Security Intelligence Service Act and proposes the formation of a Complaints Commission and Parliamentary Intelligence Oversight Committee, among others.

The Leadership and Integrity Bill is hinged on Chapter Six of the Constitution that raises the ethical bar for public officers.

Clause 35 of the Bill states that anybody who does not pass the integrity test shall be barred from holding public office.

“A person seeking to be appointed or elected as a state officer may not be eligible for appointment or to stand for election to such office if that person has, as a State officer, contravened the Leadership and Integrity Code under this Act or while serving as a public officer, has contravened a code of ethics and integrity applicable to that officer, “ it reads.

“Each responsible commission for a state officer shall be responsible for availing information to any selection panel, appointing authority or Parliament, as the case may be regarding the compliance or otherwise, with the Leadership and Integrity Code under this Act by person seeking appointment or election to a state office.”

The Bill gives the Ethics and Anti-Corruption Commission powers to bar any person from seeking elected or appointed office if they have contravened the law.

“The Ethics and Anti-Corruption Commission and the responsible commission may, on application by any person, issue a certificate to that person or any other interested person or institution, confirming that a particular state officer is compliant or not compliant with some or all of the provisions of Chapter Six of the Constitution or this Act, “ reads clause 43(1) of the Bill.

Prof Muigai’s statement came as the International Centre for Policy and Conflict (ICPC) petitioned Parliament to take a new approach to building democracy in Kenya and renewed commitment to the Constitution.

“The coming session of Parliament is very decisive as they are expected to go to the home stretch of fully implementing the Constitution as provided for by clear deadlines it has set out,” ICPC said.

“This is not only for the sake of the General Elections, but for the benefit of the ordinary Kenyans who have been yearning for reforms and in particular, social justice.”

“We are alive to the progress that has been made in furtherance of democratic political and economic reforms based on the Constitution.”

However, ICPC said, the reforms are far from building respect for constitutional values and the rule of law.
“Parliament is obliged and must lead by example in the constitutional implementation.”