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88 State of Judiciary 2011-2012
COMMISSION
FOR THE
IMPLEMENTATION
OF THE
CONSTITUTION
Ongoing collaboration with the Attorney
General, Kenya Law Reform Commission,
the Judiciary and various ministries to deliver
on legislative implementation
Developed the CIC Strategic Plan (2012-
2015) in compliance with the Constitutional
timelines for:
Enhanced public participation in the
Constitution implementation process by
engaging in and organising consultative
forums workshops, conferences, print and
web media
Partnered with constitutional commissions
and independent offices for the effective
discharge of their respective constitutional
and statutory mandate
Sought judicial intervention through legal
proceedings in cases of real or perceived
misinterpretation or misapplication of the
Constitution
Reviewed and facilitated laws dealing with
devolution
Consulted and sensitised local authorities
to ensure partnership and ownership of the
transition to devolved government
Irregular amendment of bills by
the Executive and the Legislature
Attempts to mislead the public
on some constitutional issues
Delay in operationalising some
constitutional offices
Disregard of the constitutional
implementation process and
mandate of the CIC
Late submission of Bills
Failure to develop policies prior to
preparation of Bills
Non-compliant regulations and
administrative procedures
Lack of legislation on national
government
The role of the Attorney-General’s
office in the new dispensation
Unconstitutional provisions in the
enacted laws and disregard of
due process
Limited civic awareness on the
Constitution
Resistance to change and the
continuing culture of impunity
CIC should review all draft Bills to ensure
public participation in the review, and
development of all legislation, policies
and administrative procedures.
Conduct Civic Education to increase
awareness at the grassroots of the
opportunities, procedures and the rights
relating to participation in legislative
policy and other processes
Ensure a responsible political leadership
that promotes constitutionalism and rule
of law, uphold national values and live
by the Constitution.
Development of Policies prior to
preparation of Bills, Regulations and
Administrative Procedures
COMMISSION
ON
ADMINISTRATIVE
JUSTICE
Active participation in the drafting of key
Constitutional Bills.
Issued advisories on matters of public
interest and gave proposals on
improvement of Public Administration e.g.,
advisory on draft policy on national values,
advisory on the appointment of county
commissioners.
Reviewed the guidelines for public
complaints indicator in performance
contracting and issued certificates to
compliant government departments and
agencies and trained officials
Created partnerships and linkages with
foreign Ombudsman offices including
the Finnish, Rwandese and Ghanaian
Ombudsman offices.
Litigation and amicus briefs -the Commission
is a party to several suits that the subject
matter is of public interest with a direct
effect to public administration.
The Commission spearheaded the
establishment of the Integrated Public
Complaints Referral Mechanisms (ICRM) --
(an electronic system of referring complaints
between various institutions).
Recruited staff, and finalizing strategic
plan. Is financially independent and in
the process of establishing three regional
offices.
Conducted county visits and spot checks in
various government offices to monitor the
delivery of public services including Garissa
,Nyeri & Eldoret etc
Resistance from public institutions
that are yet to understand
the oversight role of an
Ombudsman’s office.
The Commission challenged in
reaching people in rural areas.
Inadequate financial & human
capital.
Inadequate appreciation
by service consumers and
Government Departments of
the need to utilize information
technology in handling of public
complaints.
Strengthening of partnerships between
all the players in the Administration of
Justice chain.
The pace of reforms needs to be
maintained to realise the objectives of
the NCAJ.
Constitutional Commissions and
Independent offices need to provide
an oversight on each other so as to
improve public confidence.
NCAJ needs to create public awareness
on alternative dispute resolution
mechanisms so as to lessen the burden
on the judiciary.