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State of <strong>Judiciary</strong> 2011-2012<br />
77<br />
it with Article 49 (1) (h) of the Constitution. <strong>The</strong> Committee also<br />
discussed amendments to the Evidence Act and finalised the<br />
Contempt of Court Bill, 2012, the Office of the Director of Public<br />
Prosecutions Bill, 2012, <strong>The</strong> Office of the Attorney General Bill,<br />
2012, <strong>The</strong> Transfer of Prisoners Bill, 2012, and <strong>The</strong> National Coroner<br />
Service Bill, 2012.<br />
At its third meeting, the Council established a Technical<br />
Committee to develop and implement its programme of work.<br />
<strong>The</strong> Technical Committee, which comprises statutory and coopted<br />
NCAJ agency nominees, operates through Special<br />
Working Groups that have since delivered the NCAJ Strategic<br />
Plan, Policy Framework and CUCs Guidelines.<br />
<strong>The</strong> Strategic Plan and Policy Framework specify that in<br />
order to successfully strengthen justice sector stakeholder<br />
engagement and institute a functional conveyor of services<br />
for Kenyans, NCAJ must continuously review the sectors’ legal<br />
and policy frameworks, as well as strengthen and integrate the<br />
operational frameworks of all its agencies. It needs to, uphold<br />
the principle of constructive inter-dependence by mobilising<br />
and lobbying for resources as a sector, coordinate an ongoing<br />
monitoring, evaluation and reporting of all NCAJ strategies, and<br />
operationalise CUCs at the station level.<br />
7.4 Challenges and Recommendations<br />
Over the past year, NCAJ has achieved a common understanding<br />
of its policy and strategic direction. <strong>The</strong> implementation of its<br />
plans is ongoing, as summarised in the activities of its Annual<br />
Work Plan 2012/13. <strong>The</strong> primary challenge facing NCAJ is the<br />
inequitable allocation of resources to its members, resulting<br />
in varying capacities to respond to Kenyans seeking justice.<br />
Without adequate resources, the agencies linked in the<br />
administration of justice remain unable to respond with the<br />
speed they desire.<br />
Below is table summarizing the main achievements and<br />
challenges of NCAJ agencies as well as recommendations<br />
which, if implemented, would further augment ongoing<br />
initiatives in the administration of justice.
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