GAZETTE NOTICE NO. 5366

the following ministries: the Ministry of Land, the Ministry of Environment and Mineral Resources, the Ministry of Forestry and Wildlife, the Ministry of Water and Irrigation, Ministry of Tourism, the Ministry of Northern and Arid Lands, the Ministry of Regional Development, and the Ministry of Livestock Development. The latter ministries are by and large focused on the rangelands of Kenya and therefore have great impact on the range ecology of the area. Chapter Five of the Constitution provides the framework for this sector and in particular the principles that apply to land and the obligations of the state with respect to the environment.  Achievements In the period under review the thematic area had various achievements that include: i) Consolidation of Bills, Policies, and Administrative Procedures CIC has surveyed some of the existing policies and legislation pertaining to the sector with special reference to the above Ministries 17th February, 2012 THE KENYA GAZETTE 491 and the relevant State corporations. Due to the possible risk of duplication of reform initiatives or conflicts, or both, the CIC is in the course of procuring a consultant to consolidate and ensure the integration of the various bills, policies and administrative procedures from the various ministries, departments and state corporations in the environment and natural resources sector. This will entail liaising with the sector actors to effectively map out their planned initiatives and focus these to bringing about conformity and coherence in their policies and legislation. ii) Participation in Consultative Fora a) National Land Commission Bill CIC participated in a consultative forum on the National Land Commission bill organised by the Land Sector Non-State Actors under the auspices of the Institutions of Surveyors of Kenya. b) Consultation with Implementing Agencies CIC has had consultative meetings with the task forces/committees on constitutional reforms from the Ministry of Water and Irrigation, the Ministry of Forestry and Wildlife, and the Ministry of Northern Kenya and Arid Lands. The meetings were useful in forging a common approach to the process of developing the respective bills and policies. c) Consultation with Civil Society Organizations The thematic area received technical and financial support from the World Wide Fund to hold a workshop with the National Environment Civil Society Alliances of Kenya. The objective of the workshop was to establish a strategic alliance and commence dialogue with the civil society on pressing issues afflicting land and environment and the importance of ensuring robust public participation. CIC elaborated that the main motivations for an engagement with civil society organizations in the implementation of the Constitution are: 1. Management of natural resources as a constitutional requirement by providing opportunities for civil society organizations to participate in the review of the different policies and legislations at national and country levels 2. Ensuring that important issues that may be missed out are captured in the relevant land and environmental policies and legislation 3. Awareness support in the counties and nationally regarding the Constitution iii) National Land Commission Bill Most of the bills in the land and environment sector identified in the Fifth Schedule to the Constitution are required to be implemented within a timeframe of four or five years. Due to the central role of land in environment and natural resources management, However, CIC decided to fast-track the National Land Commission Bill to spearhead other bills in the sector. The bill is now under review and should be presented to Parliament for debate. It is projected that the bill will be passed by August 2011. 3.1.7 Executive and Security Thematic Area  Introductory Remarks Chapter Nine of the Constitution on the Executive provides for the functions and powers of the offices of the President, the Deputy President, the Cabinet and other offices such as the Attorney-General, the Director of public prosecutions and their removal. The Executive formulates government policies and priorities. It is also responsible for the execution and administration of government policies.  Achievements The thematic team had attained the following achievements during the period under review: i) Consultative forum with Permanent secretaries CIC engaged with the head of public service and permanent secretaries as chief executing officers to share with them the role they are expected to play with regard to the implementation of the Constitution. This was done through a workshop held on 4th April 2011. ii) Progress by Implementing Agencies In exercise of its mandate, CIC required all ministries as part of the executive to submit a progress report on the status of implementation and their proposed work plans for implementation of the Constitution in their specific sectors. A summary of the reports is set out in section 3.2 of this report. iii) Consultation with the Office of the Prime Minister The CIC held consultations with Office of the Prime Minister on May 17, 2011 to deliberate on the role of the executive in ensuring timely implementation of the Constitution and the application of the Rapid Results Initiative. iv) Police Recruitment guidelines made compliant with the Constitution CIC is responsible for monitoring the administrative procedures and practices to ensure they are in compliance with the Constitution. In this regard, CIC advised on the review of the national police recruitment guidelines, which were amended to bring them into conformity with the Constitution. CIC in collaboration with Usalama Forum and UNIFEM monitored the police recruitment exercise conducted on 29th April 2011 to evaluate the extent to which the guidelines were followed. This was, among other issues, done to ensure compliance with the principle of equality and non-discrimination subject to Article 27 of the Constitution. The active monitoring role played by the CIC led to the realization that there is need for members of the Police Service to be trained on human rights at all levels if the culture of respect for the constitutional principles, particularly with regards to the bill of rights is to be instituted in their work. On the whole, the recruitment exercise was successful with regard to compliance on issues of transparency and public participation. There however were reported cases of non-compliance with the Constitution, including candidates being discriminated against on the basis of age, ethnic diversity or gender. v) Vetting of Police CIC has requested the Public Service Commission and the National Police Service to submit to it the criteria and standards being applied to undertake the ongoing police vetting exercise. This is aimed at ensuring that the process is conducted in accordance with the Constitution. vi) Bills CIC successfully completed the review of the following three police bills; a) National Police Service Bill. b) National Police Service Commission Bill. c) Independent Police Oversight Authority Bill. The process of reviewing bills The process of reviewing bills involved the following activities: i) Internal review of the bills by an international human rights and security expert from UNODC and DFID. ii) Stakeholders‘ forum held with the civil society to review the National Police Service Bill, the Independent Policing Oversight Authority Bill and the National Police Service Commission Bill. iii) County visits undertaken between April 10th and 18 April 2011 to get views of the public on issues relating to: the appointment and qualifications of the Inspector General of the National Police Service, public participation on community policing at the county level, county police authorities, the welfare of the police, and powers of the National Police Service Commission and the Independent Policing Oversight Authority. iv) Consultative meeting held with the Ministry of Provincial Administration and Internal Security and Police Reforms Implementation Committee to updated them on the progress made on the Police bills and receive their input on the bills. v) Roundtable held with Kenya Law Reform Commission, Attorney-General, Police Reforms Implementation Committee and the Ministry of Internal Security on the National Police Service Bill, the National Police Service Commission Bill and the Independent Policing Oversight Authority bill. These bills have been finalized and submitted to the Attorney-General and the line ministry for submission to the Cabinet. vi) Consultative meeting with the Director General of the National Intelligence Service to discuss the proposed draft bills on the National Security Council and the National Intelligence Service and the directorate‘s implementation plan on administrative procedures.  Planned activities for the Next Quarter i) National Security bills Under chapter fourteen of the Constitution, provision is made for the development of legislation, and administrative procedures and the establishment of institutions in the security sector. The institutions include national security organs; the Kenya Defence Forces, the THE KENYA GAZETTE 17th February, 2012 492 492 National Intelligence Service and the National Police Service. In this last quarter, CIC has achieved the following in this thematic area; ii) Review of the Bills CIC is scheduled to review the following bills and administrative procedures: a) The Power of Mercy Bill (Article 133 of the Constitution). Towards achieving this thematic team shall hold a stakeholders forum in July, 2011. b) The National Security Council and National Intelligence Service bills to ensure compliance with the Constitution: towards attaining this, the thematic team shall hold a stakeholders‘ forum on the bills. The thematic team shall also hold a consultative meeting with the Kenya Defence Forces on the proposed military bill. c) The Police Reforms Implementation Committee programme document on reforms in the police service to assess its compliance with the letter and spirit of the Constitution. 3.1.8 Devolved Government Thematic Area  Introductory Remarks As reported in the first quarter, this thematic area deals with all matters relating to the operationalization of the constitutional provisions on devolved government as provided for in Chapter Eleven of the Constitution. It is important to reiterate that since Kenya adopted a devolved system of government, all functions including the national level functions will affect and be affected by the devolved nature of the system. This reality must be emphasized to all those charged with the responsibility of implementing the Constitution. This also means that any bills being developed must take into account the requirements of devolution. In this regard the thematic area works with relevant ministries especially the Ministry of Local Government that is charged with the generation of policies, legislation and administrative procedures relating to devolution. As required by the Constitution, the devolution thematic team also works closely with non-state actors including civil society organizations, to facilitate the realization of devolution. In this regard, all implementing agencies are advised to ensure that any bill they generate takes into account that the bill may have relevance to devolution.  Achievements To date, the Ministry of Local Government has not submitted a single bill to CIC. CIC however is in touch with the ministry and the Taskforce on Devolved Government on the status of the implementation of the relevant bills required to implement devolution, and in one engagement with the Task Force on Devolved Government the following bills were identified as requiring priority attention: i) The elections bills which should be submitted to CIC by 30th June 2011. ii) The public finance bills that have implications on devolution; these should be submitted to CIC by 15th June 2011. iii) The transition bills should be submitted to CIC by 29th July 2011. iv) The principles guiding the establishment and governance of Urban Areas and cities should be developed by 30th June 2011. CIC also is reviewing or has finalized some bills that also have implications on the devolved system of governance.  Participation in Stakeholders’ Fora In addition to developing bills, the thematic area on devolution has participated in a number of consultative fora with key stakeholders. Below is a summary of the activities relating to these fora: 1. A consultative meeting held on 2nd June 2011 between CIC and the Taskforce on Devolved Government discussed the status of priority bills and set timelines for their finalisation. The meeting also discussed the relationship between legislation in national and county public services and the need to consider merging some bills that will apply at county and national government levels. 2. A meeting convened by the Institute for Social Accountability and CIC on 25th May 2011 brought together non-state actors. The meeting determined the need for increased collaboration between CIC and civil societies. Further, it was agreed that CIC needs to have thematic study sessions with civil society organizations on a regular basis and that CIC‘s role of monitoring the legislative process would be enhanced through regular consultations with civil society organizations. 3. Consultation with the World Bank and international experts was held on 6th May 2011. The meeting was held to deliberate issues relating to devolved governance with a view to understanding the transitional process and establishing a system that is effective and efficient as the implementation process enters the operationalization of the devolution and fiscal decentralisation phase. 4. A meeting between CIC, the Task Force on Devolved Government, the Steering Committee on Devolved Government and the World Bank on 4th and 5th May 2011 was held to discuss issues concerning the structure, service delivery and finance in a devolved government. The issues revolved around the task force‘s interim report on devolved government. World Bank experts gave their opinion on best practices and lessons learnt from South Africa and La Paz Bolivia. The experts included Mr. Kesto Gordhan, the former City Manager of Johannesburg South Africa and Ronald Maclean, a former mayor of La Paz, Bolivia. 5. CIC held a one-day colloquium for all CIC commissioners on 29th April 2011 in Nairobi. The objectives of the colloquium were to: a) Develop a shared understanding of the concept of devolution, b) Identify potential challenges and risks attendant to implementing devolution, c) Prepare and empower commissioners to critically examine draft devolution bills, policies and administrative procedures required to implement the Constitution of Kenya, d) Sensitize commissioners on how to monitor the implementation of devolved governance, and e) Provide key programmatic action plans in the various CIC thematic areas. 6. CIC held two meetings with the Ministry of Public Works. The meetings discussed the ministry‘s plan to develop county infrastructure including the construction of county headquarters, houses for county governors and offices for county assemblies. The meetings agreed that the planned activities were the exclusive mandate of county governments and therefore the ministry could not proceed with its plans in this regard. Official communication was given to them in this regard.  Challenges During the period in review, the thematic area encountered challenges that include: i) Poor coordination by the ministries of Finance and Local Government in the development of bills that have financial implications; ii) Failure by implementing agencies and especially those that generate bills to appreciate that devolution cuts across all ministries; iii) Some ministries such as Public Works and the Office of the Deputy Prime Minister and Ministry of Local Government are usurping the functions assigned to the counties especially during the transitional period; iv) Lack of a mechanism/institutional framework to guide transition from the current system to a devolved system; and v) Lack of coordination within civil society organizations working on devolution and uncoordinated initiatives relating to devolution on devolution by different civil society organizations.  Planned Activities for the Next Quarter For the next quarter, the thematic area has scheduled activities, which may be summarised as: i) Conducting benchmarking visit/study tours to countries operating a devolved system of government; ii) Auditing civic education materials on devolution; iii) Undertaking capacity-building programmes for CIC commissioners and staff on various aspects of devolution; iv) Conducting stakeholder consultations on bills relating to devolution submitted to CIC for review; 17th February, 2012 THE KENYA GAZETTE 493 v) Finalizing all bills relating to devolution submitted to CIC by the Kenya Law Reform Commission and transmitting them to the Attorney-General for publication; vi) Participating in regular meetings with civil society organizations working on issues relating to devolution; and vii) Undertake consultations with existing local authorities on issues relating to the implementation of devolution. (See Table 2: Summary of progress in the development of legislation Annex V and Table 3: Summary of engagements with stakeholders per thematic area Annex VI) 3.1.9 Institutional Development  Introductory Remarks In addition to progress in the implementation of activities as reported in the respective thematic area and in the analysis of reports from the key implementing agencies and state organs, CIC undertook a number of activities to build the capacity of CIC as an institution for efficient and effective discharge of its mandate. In this sector, the activities undertaken range from institutional development to engagements with the private sector, the civil society, development partners and key implementing agencies. These developments and engagements were important in giving visibility to CIC, establishing dialogue with the implementers of the Constitution, clarifying the mandate functions of CIC, working out modalities for implementing the Constitution, establish dialogue with development partners and promoting public participation in CIC activities and in the Constitution implementation process. The following are some activities undertaken under this area in the last quarter.  Achievements i) Public participation at county level CIC held county visits to over 11 counties all over the Country on 10th – 18th April. The overall objective of the visits was for CIC to share its mandate and discuss how to achieve this mandate, to discuss with the people of Kenya ways in which the public can participate in the process of implementing the Constitution, and to observe, assess and discuss the status of the implementation of the Constitution at the county level. One of the key issues discussed during the visits was how to improve the electoral system and process. The public gave its views relating to ways through which the electoral system and process elections may be improved. The feedback from county visits was informative and provided input in the review of the Elections Bill and the various Police Service bills. County visits will be a continuous exercise and CIC will undertake visits to the remaining counties within the next two quarters to complete the inaugural round of visits. The work and mandate of CIC will also involve more visits to counties as we monitor and ensure that the Constitution is fully implemented in all corners of the Republic of Kenya. ii) Development of the agreed schedule of timelines for priority bills Chapter Five of the Constitution sets out consequential legislation to the passing of the Constitution, which must be enacted within the next five years. The forthcoming General Elections call for the establishment of sound legal, institutional and administrative structures. With this in mind, CIC jointly with the Attorney-General, the Kenya Law Reform Commission, the Cabinet Office and Parliament put in place a process and an agreed schedule of priorities and deadlines to ensure the timely preparation and enactment of the legislation listed in the Fifth Schedule of the Constitution. The process agreed upon requires that once line ministries generate bills, they are forwarded to the Office of the Attorney-General, for submission to the CIC for review. Once CIC has reviewed the bills in accordance with its internal procedures, the Commission convenes a roundtable meeting with Kenya Law Reform Commission, the Attorney-General and the line ministry to sign off on the final version of the Bill. The Attorney-General formally submits the bill to the Cabinet for approval before it is published and tabled in Parliament. Thereafter, the bill is considered by the relevant parliamentary committee before it is debated in Parliament and passed. The Constitution Implementation Oversight Committee, which together with CIC, plays an oversight role on the implementation process and ensures that the bill is tabled and debated in Parliament in a timely manner. These identified priority legislation includes the election laws, devolution laws and police reform laws. (See Table 1: Agreed schedule of timelines for preparation of priority bills in Annex IV). Some bills are running behind schedule due to outstanding policy issues and a lack of consensus between and among different stakeholders. CIC has put in place mechanisms to urgently address the differences with having the timeline all the bills on the schedule passed by the Constitution and agreed deadline. iii) National Constitutional Conference The National Constitutional Conference was jointly organized by CIC and the Ministry of Justice, National Cohesion and Constitutional Affairs and was held in Nairobi between 20th and 22nd June 2011. The purpose of the conference was to undertake a focused account of the implementation process and yield a concrete agenda for outstanding priorities. The objectives of the conference were to refocus the country on the constitutional implementation process, take stock of the progress of the implementation process and outline the implementation agenda regarding outstanding priorities. The participants included His Excellency the President, the Right Honourable Prime Minister, the Honourable Vice-President and members of the public drawn from the public sector, the civil society, professional organizations and counties. The participants deliberated on the status of the implementation of the Constitution, and challenges of and opportunities in the Constitution. The deliberations at the conference were important as the achievements were celebrated, challenges were flagged and proposals made on how to overcome the challenges and a closer working relationship between and among the implementing partners and stakeholders was forged with a view to ensuring that the Constitution would be implemented for the benefit of the people of Kenya. iv) Monitoring Police recruitment The Constitution obliges the state and every state organ to observe, respect, protect, promote and fulfil the rights and fundamental freedoms in the Bill of Rights which includes the right to fair labour practices as provided in Article 41 of the Constitution. As part of monitoring the administrative practices to ensure that these provisions are applied in all government policies, CIC reviewed and advised on policies and procedures for recruitment into the National Police Service. Policy provisions, which were flagged out for correction before the recruitment exercise, include issues which would have amounted to violations of the principle of equality and non- discrimination contrary to Article 27 of the Constitution. These include: a) Prescription of minimum height, b) Gender-based discrimination, and c) Exclusion of persons with certain physical features such as being flat footed, being knock kneed, and being scarred. In terms of human rights, CIC noted that, following its timely intervention most recruitment centres adhered to the constitutionally required 30% threshold of women recruits. The police recruitment exercise was one of the many monitoring activities that CIC will undertake to ensure that the administrative procedures are in line with the constitutional provisions. The active monitoring role played by CIC led to the realization that there is need for members of the Police Service to be trained on human rights at all the levels if the culture of respect for the constitutional principles is to be achieved in their work. v) Capacity Building CIC noted the need to learn from other jurisdictions that undertook a comprehensive revision of their national constitutions and implemented the changeover successfully. CIC undertook its first benchmarking visit to India from 14th to 18th June and held consultations with national institutions of the Government of India in areas of devolution, representation and legislature. The CIC delegation consisting of commissioners and senior members of staff held consultations with the following offices. a. Study tour to India CIC undertook a benchmarking study tour of India. The purpose of the tour was to interrogate the process of legislation, devolved administrative procedures and service delivery to the people at lower level of government in India. THE KENYA GAZETTE 17th February, 2012 494 494 The visit was coordinated by the Kenyan High Commission India. The CIC delegation visited the following offices: 1. The Attorney-General of the Republic of India 2. The Ministry of Law and Justice 3. The Ministry of Finance 4. The Parliament of India (both the Lok Shahba and the Rajya Shabha) 5. The State of Haryana, which is one of the most stable states of India 6. The Haryana Legislative Assembly, situated at the Vidhan Bhawan building, a common building shared by both the Haryana and the Punjab State Legislative Assemblies 7. The Panchkula District (the district level the delegation visited) 8. The Panja Village where CIC delegation met the village leaders The visits were very instrumental in the conceptualization of devolution generally, the interrelation between the national and other tiers of government, security matters, public service, among other important constitutional issues. Lessons Learnt 1. Adherence to the principle of constitutionalism: Where people inculcate the values and principles of the constitution, social cohesion is enhanced. The Constitution of India puts emphasis on social solidarity including; unity, group consciousness, and social cohesion. It was reported that the respect for the constitution has resulted to observance of the rule of law and the common good for all. 2. Establishing strong institutions: The Constitution of India forms part of a structured and well-established system. India has institutionalized its laws and established strong institutions to manage the people‘s welfare hence people have trust in state institutions. 3. Governance: The governance systems in India seem to be predictable. This is premised on the perception of supremacy of the constitution. It was reported that the rule of law is observed at all the levels of the society. 4. Checks and balances: It is imperative to establish checks and balances in governance institutions. 5. Public participation: Public participation is paramount in constitutional implementation. Where, at all the levels of the government, there is inclusion in governance system, the governance system gets the required legitimacy. 6. Deliberate efforts towards the preservation of national history and cultural heritage. (b) Change Management Some members of CIC attended a change-management course to understand the needs for change managements. This is important as it informed the review of change management strategies developed by all implementing agencies to implement and accommodate the changes that will be occasioned by the full implementation of the Constitution. vii) Public interest litigation a) Constitutional Petition No. 65 of 2011 In exercise of its mandate, CIC has on a number of issues relating to interpretation sought the court‘s guidance. CIC with the support of GIZ instituted court proceedings in two occasions. The cases in which CIC is currently an interested party are as follows: In the Matter of the Construction, Interpretation and Determination of the Actual Date of the Next General Elections (Between Milton Mugambi Imanyara & others and the Attorney- General and others). The Interim Independent Electoral Commission, being the 3rd Respondents, filed a Preliminary Objection contesting the jurisdiction of the High Court on the matter. The basis of the Preliminary Objection is the argument that the petitioners can only obtain an advisory opinion from the Supreme Court and in its absence, the Court of Appeal. The parties have made submissions on their respective viewpoints and the court is set to rule on the question of jurisdiction on 23rd June 2011. In the Court of Appeal sitting as the Supreme Court at Nairobi (Constitutional Application No. 1 of 2011) in the matter of Advisory Opinions of the Court under article 163 (6) of the Constitution and in the Matter of Section 21 (2) of the sixth schedule of the Constitution and in the matter of the Commission for the Implementation of the Constitution as the applicant. CIC filed a Request for an Advisory Opinion seeking the Court‘s opinion on several questions relating to appointments to state offices and commissions and the relationship between the Sixth Schedule of the Constitution and these appointments. CIC is using Article 163(6) to obtain the advisory opinion on the meaning of nine articles and two sections of the transitional clauses and it is the commission‘s expectation that the court shall address the matter with finality while setting the record straight for future appointments made pursuant to the Constitution. An objection as to jurisdiction was raised when the matter first came up for hearing and the matter is set to be ruled upon by the Court of Appeal sitting as the Supreme Court on the 8th July 2011. vii) Institutional support As reported in the first quarter, CIC has continued to develop its staff structure and has put in place a secretariat to support its functions. During this quarter CIC contracted Researchers, a Legal Officer and staff in the support departments including Administration; Finance; Procurement; Human Resource Management; Accounts; Media and Communication; ICT; Internal Audit; Hansard; Records Management and Security personnel, who are the backbone of the success of CIC. The secretariat is currently headed by an Acting Chief Executive Officer who is responsible to CIC for ensuring the implementation of policies, strategies and decisions of the commission; facilitating the functions of the thematic groups, supporting drafting of legal opinions and other relevant documents; appraising progress on the various programmes; and ensuring prudent management of resources and assets. CIC also launched its vibrant and interactive website which continues to play a key role in providing information to the public on bills and other activities related to constitutional implementation. The website also enhances public participation in line with the spirit and letter of the Constitution. viii) Financial Independence With regard to finances, CIC was allocated Kshs 262 million by Parliament for implementing various programmes/activities by Parliament for the six months between January and June 2011. The funds were included in the Ministry of Justice, National Cohesion and Constitutional Affairs 2010/11 financial year revised budget and the Ministry has continued to administer the funds. In fulfilment of the provisions of the Constitution of Kenya 2010, the Treasury has allocated CIC its own Vote and Budget with effect from July 2011. CIC is in the process of setting up the necessary structures in readiness for operations under the new status. During the 2011/12 financial year, CIC will require Kshs 1,147,536,545 for implementing various programmes/activities. Parliament has allocated Kshs 524 million to it for the same period, resulting in a Kshs 623,536,545 financing (resource) gap. 3.2.0 Strategic Partnerships  Achievements i) Establishment of liaisons with implementers CIC held a one-day consultative forum with permanent secretaries to sensitize them on the role of CIC and their role as key implementing agencies in the Constitution implementation process. CIC also held a one-day constitutional implementation workshop with representative from civil society organizations. The workshop was instrumental in establishing linkages with the civil society in view on the need for civic education, hence the need for the civil society to play its traditional role of effectively educating the public on the Constitution and the rights of the public but in a coordinated manner and in conformity to the constitutional provisions of adhering to national values and promoting accountability and transparency when interpreting and applying the Constitution. ii) Engagement with Development Partners In the first quarter CIC received tremendous support from the donor community through technical and financial assistance. CIC has continued to engage with donors and, to this end, has held meetings with UNDP, GIZ, Fredrich Ebert Stiftung, and DFID. CIC also made a presentation to a roundtable meeting organized by the Frient, a working group composed of members from the civil society and non- state actors from Germany. The roundtable meeting reviewed the status of the implementation of the Constitution and explored possibilities on the way forward in view of apparent delays in the implementation process, especially identifying the role of the civil society and development partners in the reform process. 17th February, 2012 THE KENYA GAZETTE 495 CIC has prepared a comprehensive work plan for the next financial year and is in the process of mobilizing resources to meet the activities in the work plan. A meeting with a group of development partners keen on supporting the constitutional implementation process was scheduled for 29th June 2011 to identify projects for technical assistance in line with the work plan.  Activities Planned for the Next Quarter CIC plans to implement various activities in the next quarter. Some of these activities are listed below: i) It is imperative to note that CIC‘s work goes beyond legislation; it includes monitoring any implementation of the Constitution to ensure constitutionalism. It is for this reason that CIC will seek to establish a unit to monitor any constitutional violations by the three arms of the government. ii) There is need to set a minimum standard for the development of legislation. In this regard every ministry is required to generate a policy before developing legislation. iii) CIC also intends to commence working on a tool for results-based management to ensure all the implementing agencies implement the Constitution within agreed timelines. (See Table 4: schedule of engagements with partners and stakeholders in Annex VII) 3.2 Progress by Implementing Agencies Constitution implementation involves actors from the State, which is the key implementer, as well as Non-State Actors and the Public. Effective and efficient constitutional implementation can only be achieved through a coordinated approach. This requires an orderly synchronization of the efforts of all implementers in order to avoid duplication of efforts. In this regard, CIC, under the auspices of the Office of the Head of Civil Service finalized and disseminated the process circular for implementing agencies to state implementers (See Circular in Annex I). The Circular is aimed at providing guidance to state implementers on their role in the implementation process. CIC further held forums with both state and non-state actors, prepared and disseminated to each of the implementing ministries, an implementation status reporting matrix. This was done in fulfilment of the mandate of the CIC. CIC sent out over 43 matrixes to the Ministries out of which only 16 responses were received. (See Table 5: Matrix of Ministerial reports in annex VIII). It is a matter of concern to the CIC that some implementing agencies were yet to submit their status reports at the time of publication of this report. This failure contravenes the principles of accountability and transparency in line with the spirit of the Constitution and the national values and principles of governance as set out in Article 10 of the Constitution. The reports provided as follows: a) Familiarization with the Constitution Of the reports received only eight of the Ministries and one Commission reported having uploaded the Constitution on their websites and sensitized staff on the provisions of the Constitution. Among these, only the Ministry of State for Public Service reported that it has sensitized staff in all the counties and developed a sensitization curriculum on the implications of the Constitution on service delivery. Most of the ministries however had only successfully sensitized the senior staff and have scheduled to cascade the sensitization program down to the staff in the lower cadres within the next financial year. The eight ministries and the Commission include the Ministry of State for Public Service; the Ministry of Fisheries Department; the Ministry of State for Immigration and Registration of Persons; the Ministry of Information and Communication; the Ministry of Forestry and Wildlife; the Ministry of Justice, National Cohesion and Constitutional Affairs; the Ministry of Water and Irrigation; the Ministry of Northern Kenya and other Arid Lands; and the Commission for revenue Allocation. b) Identification and Audit of Laws, Policies and Administrative Procedures Some of the ministries outlined various laws, polices and administrative procedures that should either be enacted or audited to ensure effective implementation of the Constitution. These included: i) Laws: The Urban Areas & Cities Bills; the County Public Service Bill; the Devolution Bill; the County Government Finance Management Bill; the Intergovernmental Fiscal Relations Bill, and Transition Bill within the Office of the Deputy Prime Minister and Ministry of Local Government; the Energy Bill within the Ministry of Energy; the Media Bill; and the Independent Communications Commission Bill within the Ministry of Information and Communication and the Commission for Revenue Allocation Bill by the Commission for Revenue Allocation. ii) Policies: The Citizenship & Immigration Policy; the Registration of Persons Policy; the Refugee Affairs Policy and the Civil Registration Policy within the Ministry of State for Immigration and Registration of Persons; the National Human Rights Policy and the National Anti- Corruption Policy within the Ministry of Justice, National Cohesion and Constitutional Affairs; the National Forest Policy; National Wildlife Policy within the Ministry of Forestry and Wildlife and the Internally Displaced Persons Draft Policy; the Disaster Management Draft Policy; and the Fire Draft Policy in the Ministry of Special Programmes and National Irrigation Policy within the Ministry of Water and Irrigation. CIC noted with concern that some ministries have narrowed their focus, on their role in the enactment of constitution enabling legislation predominantly around the consequential legislation in the Fifth Schedule of the Constitution. This is illustrated in the text box below, obtained from a constitution implementation status report of one of the Ministries: c) Establishment of Constitution Implementation Units The Ministry of Energy; the Ministry of State for Immigration and Registration of Persons; the Ministry of Northern Kenya and Parliament reported that they have set up Constitutional Implementation Units or taskforces to facilitate and expedite constitutional implementation including enactment of legislation to operationalize the Constitution. The Commission for Revenue Allocation has also prioritised implementation of the Constitution. While CIC acknowledges receipt of the reports from the Ministries that reported, CIC wishes to highlight that where Ministries fail to submit their implementation status progress reports, this frustrates the efforts of CIC to effectively realize its monitoring, facilitation, coordination and oversight mandate. The reports serve as a basis for engagement between CIC and other implementers and as monitoring tools. CIC therefore calls upon Ministries to ensure commitment to the constitutional implementation process, part of which involves reporting on the measures undertaken by the Ministries towards constitutional implementation. 4. KEY ACHIEVEMENTS OF, CHALLENGES OF, AND POTENTIAL IMPEDIMENTS TO THE IMPLEMENTATION OF THE CONSTITUTION Within the quarter under review, CIC realized various achievements, in addition to the achievements reported in the thematic areas and in other preceding chapters. There have been other significant achievements in the Constitution implementation process both at the CIC level and with other implementers. The implementation process was not without challenges and this section highlights challenges which need to be addressed. CIC also identifies a number of impediments, which may hinder the implementation process if they are not addressed timely.  Achievements The achievements in this quarter include: i) CIC enhanced effective stakeholder participation in the constitution-implementation process by subjecting each of the bills under review to stakeholder participation. Box 3 Case Study on Ministerial Constitution Implementation Status Reporting ―The Ministry does not have a lead role in preparation of priority bills for implementation of the Constitution pursuant to the provision of Article 261(1) of the Constitution and agreed timelines for development of priority bills issued by the Commission.” THE KENYA GAZETTE 17th February, 2012 496 496 Representatives from Nairobi and the counties played a key role in reviewing and providing input into the bills. Stakeholder participation was further enhanced by putting in place an interactive website from which the stakeholders could easily access bills and other related information. Notably a substantial number of bills reviewed by CIC, all of which were subjected to stakeholder participation were reviewed and forwarded to the Attorney-General for publication and onward transmission to Parliament. ii) In collaboration with the Ministry of Justice, National Cohesion and Constitutional Affairs, CIC held a successful three-day high level 1st Annual National Constitutional Implementation Conference that brought together local and international policy leaders from the government and the non-state sector to galvanize the nation to focus on timely and full implementation of the Constitution. The conference which comprised representation from all the counties provided an environment where stakeholders deliberated on thematic issues revolving around the CIC‘s thematic areas of work. iii) The finalization and dissemination of the Process Circular for Implementing Agencies with the support of the Office of the Head of Civil Service was another major achievement of CIC. The circular enhances engagement between the CIC and implementers and forms a basis for monitoring stakeholder implementation of the Constitution through receipt of ministerial implementation status reports. The CIC also held two forums with permanent secretaries and non-state actors where clear proposals on the mode of engagement and the role of the stakeholders in the constitutional implementation were agreed. The effect of this will be a structured manner of constitutional implementation. iv) The success of the police recruitments is a major achievement for the CIC. The scheduled recruitment process was postponed to allow for a review of police recruitment policy, a process which was undertaken by CIC to ensure compliance with the letter and spirit of the Constitution. This resulted in the implementation of administrative procedures which were compliant with the provisions of the Constitution ensuring that the recruits realized their constitutional rights.  Challenges The specific challenges facing institutional development are: 1. Resistance to change and the inclination to operate with a business-as-usual attitude: Resistance to change and the inability to contemplate a life different from one‘s prevailing life experiences has led to entities establishing deliberate schemes to undermine and delay the constitution- implementation process. 2. Impunity by some government ministries: Impunity is the driving force behind the failure of implementing agencies to appreciate that the Constitution was promulgated in August 2010 and thus requires that each of the implementing agencies should ensure that the laws, policies and administrative procedures are aligned to the constitutional provisions. This further impediment has resulted result in delays in the constitution-implementation process. 3. Lack of consensus by stakeholders on the content of bills forwarded to CIC: This has led to the development of different versions of bills regarding the same subject in some cases thereby occasioning delay in the process of development of bills. 4. Lack of understanding of the constitutional-implementation process at all the levels of government ministries: To many, constitution-implementation is principally about changes of leadership and the electoral process. The lack of awareness leads to a laissez-faire attitude and business-as-usual mentality. A culture of ignorance is nurtured and allows the development of pseudo-knowledge of an alternative ―effective date‖ of the Constitution centred around 2012. 5. Apparent reluctance by technocrats to implement the constitution within their particular sectors: Box 4 Case Study on Ministerial Constitution Implementation Status Reporting Reluctance by technocrats to embrace the Constitution implementation process. Some of the constitutional implementation status reports received from Ministries reported the following: ―The Ministry does not have a lead role in preparation of priority bills for implementation of the Constitution pursuant to the provision of Article 261(1) of the Constitution and agreed timelines for development of priority bills issued by the Commission‖ 6. Lack of awareness of the Constitution implementation process: Lack of awareness is also manifested in the myopic understanding and interpretation of the 5th Schedule of the Constitution. Certain ministries glance through the Schedule and conclude that their ministries are not cited and can therefore forward any legislation to Parliament without auditing such with CIC. Twice CIC has advised the Ministry of Environment and Mineral Resources and has yet to get response from the ministry. 7. Delays in the preparation of bills: Belated submission of bills to CIC and/or responses resulting in the erosion of effectiveness of the implementation process. 8. Poor drafting of bills: Poorly drafted bills in terms of content and conservative drafting. This results in time-consuming editing. Further, most bills are not founded on any existing polities, which impairs the effectiveness of the implementation of the Constitution. In addition, CIC‘s administrative operations have been hampered by the following challenges: 1. Weak liaison processes: The funds allocated to the CIC for the financial year 2010/2011, totalling K.shs. 262 million were included in the Ministry of Justice, National Cohesion and Constitutional Affairs 2010/11 financial year revised budget. Therefore the Ministry has continued to administer the funds on behalf of CIC. Although the CIC has largely been able to undertake its activities the bureaucratic processes involved in appropriating funds and procuring work equipment through the Ministry have significantly inconvenienced and delayed the Commission‘s day to day operations. 2. Lack of status update on CIC’s expenditure: The Ministry of Justice National Cohesion and Constitutional Affairs has not been forthcoming with CIC‘s expenditure returns from the time the Commission was set up. This is despite several requests. As a result CIC does not have accurate records detailing its expenditure from the time the Commission was established upto the close of the financial 2010/2011. This has compelled the CIC to petition the Auditor General to address this issue with urgency. 3. Staffing levels: CIC has in the last two quarters faced various challenges including low staffing levels, inadequate and inaccessibility of its space, and challenges related to financial independence all of which are common to an institution in its formative stage. The CIC is temporarily housed under an ad hoc arrangement with the Ministry of Justice, National Cohesion and Constitutional Affairs, which is also the Ministry through which the CIC has been carrying out its procurement activities. In the new financial year, however, CIC will be financially independent and will thus be in a position to recruit more staff, and undertake its activities with financial independence all of which is key in fast-tracking constitutional-implementation.  Impediments The realization of the mandate of the CIC was not without its impediments which impacted on the CIC‘s effectiveness. These may be summarised into the following: 1. Misinterpretation: Selective reading and misinterpretation of provisions of the Constitution by implementing agencies. (See Advisory opinion regarding Article 77(2) of the Constitution in Annex III). 2. Deliberate misinformation: Deliberate misinformation to members of the public by some members of the Executive and the Legislature 3. Lack of guidance from the Office of the Attorney general: The Office of the Attorney-General has given little guidance in the process of implementation of the Constitution. The Office of the Attorney-General has fallen short of its mandate to give legal opinion in terms of faithful implementation of the Constitution and this has led to a lack of clarity in the implementation process. 17th February, 2012 THE KENYA GAZETTE 497 Box 5 Case Study on the Budget process In the period leading to the presentation of the budget as required under the Constitution the Minister for Finance failed to submit to the National Assembly estimates of revenue and expenditure for tabling in the National Assembly two months before the end of the financial year 2010/2010. As a result, CIC brought this to the attention of the Prime Minister and the Office of the Prime Minister and as a result the Minister for Finance did not read the budget statement but instead read a ministerial statement. (See Advisory opinion in Annex II) 4. Political Risk: As mentioned in the first report, the wrangles in the Judicial and Legal Affairs Committee led to a delay in finalization of bills and the implementation process, thereby forcing the Speaker to constitute the Constitution Implementation Oversight Committee as an ad hoc committee to facilitate the constitutional- implementation agenda. This impediment persists from the first quarter and is likely to continue to affect the implementation process. 5. Grey areas: CIC has noted with concern that there is an increasing trend by the Executive and some members of the legislature to create grey areas regarding interpretation of the Constitution, even in the face of clear Constitutional provisions, this has the unfortunate propensity to create confusion and to delay implementation of provisions of the Constitution.  Recommendations To ensure the effective implementation of the Constitution, the CIC makes the following recommendations aimed at providing a remedy for the challenges and impediments outlined above: 1. Systematic and integrated approach: Implementing agencies need to adopt a systematic and integrated approach within their agencies. They should involve all their staff and prioritize the implementation of the Constitution in their work. They should adopt sectorial approach towards the implementation in view of the fact that there Constitution provides for a maximum of 22 ministries. 2. Civic education: Civic education should be rolled out by implementing agencies however, there is need to ensure that the content complies with the letter and spirit of the Constitution. 3. Targeted sensitisation: Existing legislation and administrative procedures should be revised by ministries to align them with the Constitution. There is need for targeted civic education to ensure an understanding of the implementation process. 4. Public participation: Implementing agencies must uphold the principle of public participation in developing legislation and administrative procedures. 5. CIC participation in development of legislation and administrative procedures: Implementing agencies should ensure involvement of CIC at the earliest opportunity in the review of their policies and administrative procedures as well as at an early stage during the development of the bills as this will ensure that the focus remains on the bill and the content therein and the national interest of the people of Kenya. Public participation should also be part and parcel of the legislative review and development process. 6. Role of the political leadership: Political leaders and the Executive should demonstrate stewardship to facilitate the smooth implementation of the Constitution. Constitutional references relating to implementation of the Constitution should be fasttracked to avoid abuse so as to impede the implementation of the Constitution, but should facilitate the meeting of timelines. In addition, statements of commitment by leaders should be demonstrated in action. 5. ANNEXURES Annex I THE ROLE OF GOVERNMENT INSTITUTIONS AND COMMISSION FOR THE IMPLEMENTATION OF THE CONSTITUTION (CIC) IN THE PROCESSS OF IMPLEMENTING THE CONSTITUTION OF KENYA The objective of this communication is to advise all Government Ministries, Parastatals, Regulatory Boards and all Constitutional Commissions and other institutions that have the primary responsibility for generating policies, proposed legislation and administrative procedures required for the implementation of the Constitution of Kenya 2010, on the process to be followed in undertaking the exercise. The procedures outlined in this communication take cognizance of the values enshrined in Article 10 of the Constitution and which are deemed necessary for the furtherance of the mandate of the Commission for the Implementation of the Constitution (CIC) as spelt out below. The Commission for the Implementation of the Constitution (CIC) is established under Section 5(1) of the Sixth schedule to the Constitution. The mandate of CIC is stipulated in Section 5(6) of the same schedule and Section 4 of the Commission for the Implementation of the Constitution Act 2010. The functions of CIC are to:- (a) monitor, facilitate and oversee the development of legislation and administrative procedures required to implement this Constitution; (b) co-ordinate with the Attorney-General and the Kenya Law Reform Commission in preparing for tabling in Parliament, the legislation required to implement this Constitution; (c) report every three (3) months to the Constitutional Implementation Oversight Committee on: (i) progress in the implementation of this Constitution; and (ii) any impediments to its implementation; and (d) work with each Constitutional Commission to ensure that the letter and spirit of this Constitution is respected; and (e) exercise such other functions as are provided for by the Constitution or any other written law. The mandate of CIC is further amplified by Article 249 (1) which sets out the objects of the Constitutional Commissions and the independent offices to include:- a) protecting the sovereignty of the people; b) securing the observance by all State organs of democratic values and principles; and c) promoting constitutionalism. Further Article 261 extends the mandate of the CIC as follows: Article 261 (1) Parliament shall enact any legislation required by this Constitution to be enacted to govern a particular matter within the period specified in the Fifth Schedule, commencing on the effective date. Article 261 (4) For the purposes of Clause (1), the Attorney-General, in consultation with the Commission for the Implementation of the Constitution, shall prepare the relevant Bills for tabling before Parliament, as soon as reasonably practicable, to enable Parliament to enact the legislation within the period specified. Section 15 (d) of the Sixth schedule requires CIC to ensure that the system of devolved government is implemented effectively. PROCESS To enable it carry out its constitutional mandate effectively, CIC advises that the following procedure be followed by the Public Service:- (e) Each of the Institutions listed above should familiarize itself with the entire Constitution and its implications and ensure that:- a) In the course of performing its duties the constitution is not violated; b) In performing its duties all new and existing policies, laws and administrative procedures that are being applied are consistent with the letter and spirit of the constitution; and THE KENYA GAZETTE 17th February, 2012 498 498 c) Implementation of the Constitution is integrated in performance contracts. In this regard, implementing institutions should provide for implementation in its goals, set targets for measuring performance and provide incentives for achieving these targets. The performance contract should incorporate an evaluation model that shall provide feedback on performance and best practice in the implementation process. 2) The aforementioned familiarization with the Constitution will enable the institutions to undertake a comprehensive audit of all existing Sessional papers; laws, by-laws and regulations; policies; administrative procedures; government guidelines and circulars relating to its functions and to the sector in which the Institution operates. 3) The intention of the audit is to determine the compliance of such sessional papers; laws, by-laws and regulations; policies; government guidelines; circulars and administrative procedures with the letter and spirit of the Constitution. 4) Upon audit of all such existing sessional papers; laws, by- laws and regulations; policies; government guidelines; circulars and administrative procedures, any language that is inconsistent with the Constitution be identified and a plan for its review developed and the necessary review subsequently undertaken. 5) Each Institution, in consultation with the Attorney General (AG) should also identify any new laws that are required for the implementation of the Constitution. The legislation in question will include but not be limited to those listed in the Fifth Schedule of the constitution. In undertaking this activity the Institutions are also free to consult CIC. 6) Each Institution should identify any new administrative procedures that may be required to implement the constitution. 7) Each Ministry should, within the shortest time possible after issuance of this circular, submit its comprehensive plan for the development and review of Sessional papers; laws, by-laws and regulations; policies and administrative procedures required to implement the constitution to the following: a) The Commission for the Implementation of the Constitution; b) The Ministry of Justice, Constitutional Affairs and National Cohesion being the Ministry coordinating the implementation of the constitution within Government; c) The Attorney General, and d) The Kenya Law Reform Commission, i) The plans submitted by Ministries should indicate:  The sessional papers; laws, by- laws and regulations to be reviewed;  The policies and administrative procedures to be developed or reviewed; and  Nature of the reviews to be undertaken. ii. The steps in reviewing the by-laws, laws, sessional papers, policies and administrative procedures already taken and the expected timeframes for outstanding activities, 8) In reviewing existing policies, administrative procedures and legislation, and determining the necessity of new laws, institutional policies, administrative procedures and legislation, each Ministry or other institutions participating in such processes should in particular take into account the following:- a) The existence of any international treaty ratified by Kenya relating to any matter concerning the sector and which has not been domesticated b) The provisions relating to the Bill of Rights in the Constitution and in particular the need to incorporate the requirement for progressive implementation of the socio-economic rights under Article 43 of the Constitution in appropriate legislation c) The values and principles articulated in Article 10, Chapter 6 (Leadership and integrity) and Chapter 13 Part I (values and principles of public service) of the Constitution including:- i. Participation of the people; ii. Equity, inclusiveness, human rights, social justice, equality , non-discrimination and protection of the marginalized; iii. The principle of gender equity and regional balance in the consideration of opportunities; iv. Sharing and devolution of power; v. Good governance, integrity, transparency and accountability vi. Sustainable development; vii. The principles on leadership and integrity in Chapter 6 of the Constitution; viii. The principles of fairness, prudence, clarity and the need for fiscal responsibility in the management of public resources in Chapter 12 of the constitution; and ix. Any other principle within the Constitution. 9) In determining new policy and administrative procedures, and generating new legislation, every Ministry and every Institution involved in implementing the Constitution should ensure that the process leading to the determination of policy and generation of legislation and administrative procedures is undertaken in a participatory and transparent manner. In this respect, the public and in particular sectoral stakeholders including members of Civil Society Organisations and Community Based Organisations should be given reasonable opportunity to effectively participate in the process taking into account all relevant factors, including the nature of the policy, administrative procedures and legislation, its implications and the applicable time constraints. Public participation includes any or all of the following:- i. Structured process of gathering views of the public during policy formulation or Bill preparation; ii. Stakeholder input via workshops, seminars or other fora; iii. Dissemination of draft Bill to the public for discussion through various media outlets; iv. Focused media debate on policy or draft Bill; v. Credible process of considering public views; and vi. Validation workshops. 10) In determining whether any draft legislation forwarded to CIC for review is consistent with the letter and spirit of the constitution, CIC will take the following criteria into account:- a) The extent to which the public participated effectively in generating the policy or legislation; b) The consistency of any sessional papers; laws, by-laws and regulations; policies and administrative procedures within the letter and spirit of the constitution; c) The adequacy and sufficiency of the sessional papers; laws, by-laws and regulations; policies and administrative procedures in enabling implementation of the constitution; and d) The impact of the sessional papers; laws, by-laws and regulations; policies and administrative procedures on other laws, institutions and the two levels of government i.e. national and county governments. 17th February, 2012 THE KENYA GAZETTE 499 Change Management CIC recommends: 11) That each Institution in consultation with the Government Department coordinating the implementation of the Constitution within government and CIC develops a change management strategy and applies it in all the activities of the Institution. 12) The change management strategy should outline how each Institution plans to effect the change necessary for the realisation of the requirements of the Constitution. 13) That within the next three (3) months each Institution submits to CIC and to the Government Department coordinating the activities relating to the implementation of the Constitution its change management strategy to enable efficient monitoring of the process of the implementation of the Constitution. 14) For the purposes of this Circular change management is a structured and systematic approach to transforming individuals, groups of people or institutions usually after a situational analysis. In the Kenyan case the change anticipated was triggered by the promulgation and coming into effect of a new constitution, The Constitution of Kenya, 2010. The goal of change management shall be to entrench the culture of constitutionalism within the institution and in service delivery. MODE OF COLLABORATION AND WORKING WITH THE CIC 15) Each implementing institution should establish an implementation unit that shall oversee the implementation of the work plan and report on the progress and impediments to implementation of the Constitution. The implementation unit shall work with CIC in ensuring that progress is on track. 16) The implementation institution shall ensure that it trains its staff to internalize the objectives of implementation of the Constitution. This will ensure that all actors share the same vision and avoid the risk of discordant or conflicting implementation initiatives. Upon request, CIC shall provide advice on the training guidelines to ensure that it reflects the letter and spirit of the Constitution. 17) To enable CIC report on the progress of implementation as required by the Constitution, each ministry should submit its implementation report to CIC three weeks before the end of each quarter. For the purposes of this circular, the first quarter ends on the 30th of June 2011. The report should be provided in a format to be provided by CIC after consultation with the ministries. 18) CIC, in pursuance of its mandate to monitor the implementation of the Constitution, will from time to time undertake an audit of the different sectoral policies, laws, and administrative processes and structures to determine compliance with the letter and spirit of the Constitution. FRANCIS K. MUTHAURA, EGH PERMANENT SECRETARY, SECRETARY TO THE CABINET AND HEAD OF THE PUBLIC SERVICE Copy to:- The Rt. Hon. Prime Minister H.E. the Vice-President and Minister for Home Affairs The Hon. Deputy Prime Minister and Minister for Finance The Hon. Deputy Prime Minister and Minister for Local Government All Hon. Ministers All Hon. Assistant Ministers Annex II ADVISORY OPINION: IN THE MATTER OF THE BUDGET PROCESS UNDER ARTICLE 221 OF THE CONSTITUTION Introduction: The budget is a vital instrument that is ordinarily used by governments to enumerate its national policy whilst also highlighting on the cost implications of its programmes and the possible sources of revenues in a given fiscal year. Further, it is acknowledged that a good budget system is founded on several objectives including; maintenance of stable macro-economic environment, enhancing fiscal discipline, attainment of allocative efficiency and operational/technical efficiency. In the circumstances of Kenya, the quest for budget reforms has inter alia been premised on the need to attain and maintain fiscal discipline, ensure equity whilst imbuing transparency and public participation in the Budget process. Prior to the passage of the new constitution, various statutes together with the repealed Constitution under Sections 48, 99 to 105 lay a framework for the conduct of public finances related activities in the country. Statement of the Problem: Treasury and the National Assembly are locked in a dispute as to how the next budget ought to be presented. On its part, treasury prefers to proceed the old way where the finance minister prepares both the budget estimates and the Finance Bill then proceeds to the floor of the house to defend the budget proposals. On the other hand, the National Assembly through the Parliamentary Budget Committee contends that treasury sticks to the provisions of the New Constitution and in that regard, the budget ought to be submitted as per the constitution especially as is provided for under Article 221. In their view, treasury ought to have submitted the revenue estimates and proposals for government expenditure two months (end of April, 2011) before the expiry of the current financial year in June, 2011. Curiously, the budget Committee at the request of the Treasury, ―granted‖ an extension of the period for submission of the estimates to the end of May 2011. The committee also raises issue with the notice by the Minister of Finance of his intention to read the budget statement on the 8th of June 2011. The Constitution of Kenya – 2010 On 27th August 2010, Kenya adopted a new constitution which has an entire chapter (12) dedicated to Public Finance. This chapter on Public Finance has revolutionized Public Financial Management and is a radical departure from the status that existed as was provided for by the former constitution. One of its core principles of Public Finance is outlined in Article 201 (a) of the Constitution and it demands for openness and accountability, including public participation in financial matters. As to the budgetary process, Article 221 is quite instructive; 221. (1) At least two months before the end of each financial year, the Cabinet Secretary responsible for finance shall submit to the National Assembly estimates of the revenue and expenditure of the national government for the next financial year to be tabled in the National Assembly. (2) The estimates mentioned in clause (1) shall–– (a) include estimates for expenditure from the Equalisation Fund; and (b) be in the form, and according to the procedure, prescribed by an Act of Parliament. (3) The National Assembly shall consider the estimates submitted under clause (1) together with the estimates submitted by the Parliamentary Service Commission and the Chief Registrar of the Judiciary under Articles 127 and 173 respectively. (4) Before the National Assembly considers the estimates of revenue and expenditure, a committee of the Assembly shall discuss and review the estimates and make recommendations to the Assembly. (5) In discussing and reviewing the estimates, the committee shall seek representations from the public and the recommendations shall be taken into account when the committee makes its recommendations to the National Assembly. At the outset it is important to emphasize that the Chapter on Public Finance is operational and took effect immediately the new constitution was promulgated. Specifically Article 221 is operational to its fullest extent and places clear obligations on various institutions. THE KENYA GAZETTE 17th February, 2012 500 500 Article 221 bestows the Cabinet Secretary for Finance (and in light of the transitional provisions in the constitution, the current Minister for Finance) with a constitutional obligation to provide the National Assembly with the estimates of the revenue and expenditure of the national government for the next financial year at least two months before the expiry of each financial year. In an apparent recognition of this obligation, the Permanent Secretary to the Treasury issued the Treasury Budget Circular No. 2/2011 dated 17th March 2011, to all Accounting Officers. The contents of this Circular are categorical and in accordance with the Constitution and read, in part, that it is, ― intended to guide ..Ministries, Departments and other government agencies (MDAs)… on planning for FY2011/12 Budget which will be presented to Parliament in accordance with Article 221 of the new constitution.‖ It is also instructive that towards the end of the constitutional deadline in April, Treasury sought Parliament‘s leave to extend the period for presenting the estimates by one month on the basis that the estimates could not be prepared within the constitutional timelines. It is clear from these acts that compliance with Article 221 was never in doubt. The intent of Article 221 is to enable the National Assembly participate effectively in the budget process. It is on this basis that the constitution requires that before the budget estimates presented by the Minister are considered by the National Assembly, the latter is expected to constitute a committee with the task of discussing and reviewing the estimates and as a result, making recommendations to the Assembly. The committee is also mandated to seek representations from the public and take the same into account when making its recommendations to the National Assembly. This requirement resonates with the provisions of Article 201 (a) of the Constitution which in principle calls for openness, accountability and public participation in such financial matters. It thus means that the provision of these revenue estimates and expenditures reports in advance, serve to give transparency to the process whilst also opening the said reports to public scrutiny as is demanded by the constitution. This is provided for as a right on the part of the public in terms of their participation. Issues have been raised on the implications of the absence of the laws contemplated by Article 221(2)(b) which stipulates that the estimates under Article 221 (1) shall be in the form and procedure provided for by an Act of parliament. Tied to this is the provision of Article 225 (1) which calls for an Act of Parliament to provide for the establishment, functions and responsibilities of the national treasury. It must be noted that Article 221(1) is a constitutional provision which takes precedence over legislation. In the context of the Constitution and the requirement for the passage of enabling legislation, the main purpose of such legislation is to supplement or in the best manner possible, give effect to the provisions of the constitution. It cannot contradict or take away that which the constitution has mandated. Thus the current absence of the Acts contemplated under Articles 225(1) and 221(2)(b) does not negate the essence of the constitution as already provided for in Articles 221(1)(3)(4)(5) of the constitution. In any event existing statutes including the Government Financial Management Act 2004, the Financial Management Act 2009 and existing Government Financial Regulations can provide guidance on the form and procedure of presentation of the estimates, provided that those statutes comply with Section 7 of the 6th schedule which provides that all existing law, whilst applicable, must be “construed with the alterations, adaptations, qualifications and exceptions necessary to bring it into conformity with this Constitution” From the foregoing it is clear that Treasury, in failing to present the estimates to the National Assembly within the constitutional timelines violated the provisions of Article 221 of the constitution. This violation ought to be redressed as urgently as possible so as not to impede the constitutional implementation process, particularly the need for public participation in the budget formulation process. Finally the Commission did seek clarification from the Treasury on this failure to comply with the constitution. The treasury has informed the Commission that they intend to present the estimates by the 30th of May 2011 which was the date that was ―extended‖ by the Parliamentary Committee. The view of the Commission is that no organ has the power to extend constitutional timelines. That notwithstanding, it is important that all parties involved in this matter, including Parliament, make all efforts to ensure that this matter is concluded within the shortest time possible so that the spirit of the constitution is respected and complied with. Annex III ADVISORY OPINION: INTERPRETATION OF ARTICLE 77(2) OF THE CONSTITUTION OF KENYA 2010 1. Background The Registrar of Political Parties by a letter dated 3 May informed the Commission for Implementation of the Constitution (CIC) that the Political Party ODM have informed her office that they would like to hold national elections for the party to comply with the provisions of the Political Parties Act and the Constitution of Kenya. The registrar attached the letter from ODM party in her correspondence to us. Pursuant thereto the Registrar of Political Parties has requested CIC to construe the purport of Article 77(2) of the Constitution of Kenya, 2010 vis-a-vis the structure of political parties registered in Kenya. Below is an advisory opinion regarding interpretation of Article 77(2) of the Constitution. 2. The Constitution of Kenya, 2010 The mandate of the Commission for the Implementation of the Constitution is to ensure that the letter and spirit of the Constitution is respected. The Commission notes that the Constitution contains provisions specific to the conduct of affairs of political parties and members of Parliament. Article 77(2) of the Constitution expressly states that any appointed State officer shall not hold office in a political party. Within the same context Article 260 of the Constitution provides that a ―State officer‖ means a person holding State Office. The same Article defines ―State office‖ to mean any of the following offices: ―State office‖ means any of the following offices: (a) President; (b) Deputy President; (c) Cabinet Secretary; (d) Member of Parliament; (e) Judges and Magistrates; (f) Member of a commission to which Chapter Fifteen applies; (g) Holder of an independent office to which Chapter Fifteen applies (h) Member of a county assembly, governor or deputy governor of a county, or other member of the executive committee of a county government; (i) Attorney-General; (j) Director of Public Prosecutions; (k) Secretary to the Cabinet; (l) Principal Secretary; (m) Chief of the Kenya Defence Forces; (n) Commander of a service of the Kenya Defence Forces; (o) Director-General of the National Intelligence Service; (p) Inspector-General, and the Deputy Inspectors-General, of the National Police Service; or (q) An office established and designated as a State office by national legislation; The significance of the Article 77(2) and Article 260 provisions is that persons appointed to hold the state offices outlined above are prohibited from holding official positions in political parties. The interpretation of the effect of Article 77(2) hinges on the meaning of the word ―appointed‖ although the Constitution is silent on the interpretation of the word ―appointed‖. It is imperative to note that State officers come into office through different procedures and terms of service prescribed by the Constitution or by legislation including nomination, election, appointment to service or office on a permanent or temporary, or paid or unpaid terms among others. Therefore where a state officer comes into office exclusively by way of elections as prescribed in the Constitution the prohibition in Article 77(2) shall not apply to them. However where a state officer is appointed e.g. as provided in Article 152(2) of the Constitution the prohibition to hold office in a political party applies to them. 17th February, 2012 THE KENYA GAZETTE 501 On the contrary Article 260 of the Constitution defines ―public officer‖ to mean any State officer; or any person, other than a State Officer, who holds a public office. Further a ―public office‖ means an office in the national government, a county government or the public service, if the remuneration and benefits of the office are payable directly from the Consolidated Fund or directly out of money provided by Parliament. In effect a public officer includes a state officer. Further, it is worth noting that Section 75 of the Constitution prescribes the conduct of State officers. It states that a State officer shall behave, whether in public and official life, in private life, or in association with other persons, in a manner that avoids: (a) any conflict between personal interests and public or official duties; (b) compromising any public or official interest in favour of a personal interest; or (c) demeaning the office the officer holds. A person who contravenes these provisions or Article 76, 77 or 78(2) of the Constitution: shall be subject to the applicable disciplinary procedure for the relevant office; and may, be dismissed or otherwise removed from office. Further, a person who has been so dismissed or otherwise removed from office under these provisions is disqualified from holding any other State office. 3. Conclusion Consequently, any person appointed to hold a State office is prohibited from holding office in a political party. However, elected state officers may hold office in political parties. In the current scenario after the promulgation of the Constitution in accordance with Article 263 of the Constitution Parliament is mandated to enact legislation required to give full effect to the Constitution. Article 152 of the Constitution provides that Cabinet consists of the President, Deputy President, the Attorney General and Cabinet Secretaries. The President shall nominate, and with the approval of the National Assembly appoint Cabinet Secretaries who shall not be members of Parliament. However, because this is a transitional period Section 2(1)(c) of the Sixth Schedule of the Constitution applies; the provisions in Article 129 to 155 of Chapter Nine of the Constitution are suspended until after the final announcement of all the results of the first elections for Parliament under the Constitution (in 2012). Therefore Cabinet Ministers are also Members of Parliament in accordance with the provisions of the former Constitution. It follows that the restriction in Article 77(2) applies to Cabinet Ministers to the extent that they are appointed state officers. It is worth noting that Article 91 of the Constitution provides for basic requirements for political parties. Article 91(g) mandates political parties to promote the objects and principles of the Constitution of Kenya and the rule of law. Further Article 92 mandates Parliament to enact legislation to provide for among other things: regulation of political parties, roles and functions of political parties, the establishment and management of political parties and any other matters necessary for the management of political parties. Annex IV TABLE 1: AGREED SCHEDULE OF PRIORITY BILLS Agreed timelines for the development of priority bills for the period ending 30th August 2011. To guide relevant institutions including Line Ministries, AG, KLRC , CIC and Parliament. Bill Raw draft and policy docs from line Ministry/in stitution released to KLRC/AG by Draft Bill by KLRC/AG released to CIC by Round table AG/KLRC/CI C/ line Ministry/instit ution finalized by Final draft bill released by AG to Cabinet by Post Cabinet consultations where substantive changes are made finalized by Publication by Constitution- (Schedule 5) Deadline Proposed date for enactment By Representatio n & Legislature: 1 Vetting of public appointments by Parliament 30/5/2011 15/6/2011 27/6/2011 26/6/2011 7/7/2011 10/7/2011 One Year (26/8/2011) 15.8.2011 2 Bills relating to legislative structures 15/6/2011 10/7/2011 22/7/2011 25/7/2011 8/8/2011 10/8/2011 2 years (26.8.2012) 25/8/2011 3 IEBC Published One Year (26/8/2011) 15.5.2011 4 Political parties 15/5/2011 23/5/2011 25/5/2011 7/6/2011 9/6/2011 One Year (26/8/2011) 23/6/2011 5 Elections (National & County) 15/5/2011 8/6/2011 12/6/2011 21/6/2011 24/6/2011 One Year (26/8/2011) 8/7/2011 Judiciary & Constitutional Commissions 6 System of Courts 30/5/2011 15/6/2011 27/6/2011 26/6/2011 7/7/2011 10/7/2011 One Year (26/8/2011) 25/8/2011 7 Salaries & Remuneration Commission Published 15.5.2011 8 Article 59 Commissions (3 Bills) 15/5/2011 30/5/2011 3/6/2011 16/6/2011 18/6/2011 One Year (26/8/2011) 3/7/2011 9 Supreme Court Done (Bill in Cabinet) 15/5/2011 20/5/2011 One Year (26/8/2011) 30/5/2011 10 Public Service Commission 30/5/2011 15/6/2011 28/6/2011 30/6/2011 14/7/2011 16/7/2011 30/7/2011 THE KENYA GAZETTE 17th February, 2012 502 502 Agreed timelines for the development of priority bills for the period ending 30th August 2011. To guide relevant institutions including Line Ministries, AG, KLRC , CIC and Parliament. Bill Raw draft and policy docs from line Ministry/in stitution released to KLRC/AG by Draft Bill by KLRC/AG released to CIC by Round table AG/KLRC/CI C/ line Ministry/instit ution finalized by Final draft bill released by AG to Cabinet by Post Cabinet consultations where substantive changes are made finalized by Publication by Constitution- (Schedule 5) Deadline Proposed date for enactment By Public Finance: 11 Commission for Revenue Allocation 20/4/2011 4/5/2011 18/5/2011 21/5/2011 6/6/2011 8/6/2011 3 months (26/11/2010) 22/6/2011 12 Independent Offices ( Appointment) Done (Bill in Cabinet) 15.5.2011 30.5.2011 13 Auditor General & Controller of Budget 30/5/2011 15/6/2011 30/6/2011 4/7/2011 18/7/2011 20/7/2011 3/8/2011 14 Public Finance Management 30/5/2011 15/6/2011 30/6/2011 4/7/2011 18/7/2011 20/7/2011 2 Years (26/8/2012) 3//8/2011 Public Service & Leadership: 15 Ethics and Anti-corruption Commission 15/5/2011 30/5/2011 14/6/2011 17/6/2011 1/7/2011 2/7/2011 One Year (26/8/2011) 16/7/2011 16 Ethics and Leadership 15/5/2011 30/5/2011 14/6/2011 16/6/2011 30/7/2011 2/8/2011 2 Years (26/8/2012) 16/8/2011 Bill of Rights & Citizenship: 17 Citizenship 16/7/2011 28/7/2011 31/7/2011 9/8/2011 11/8/2011 One Year (26/8/2011) 25/8/2011 18 Ratification of International Treaties 10/6/2011 10/7/2011 24/7/2011 27/7/2011 7/8/2011 21/8/2011 Executive and Security Sector: 19 Power of Mercy 30/6/2011 One Year (26/8/2011) 20 Independent Police Oversight Authority 30/6/2011 13/7/2011 16/7/2011 30/7/2011 2/8/2011 16/8/2011 21 National Police Service 15/6/2011 30/6/2011 14/7/2011 28/7/2011 30/7/2011 2 years (26/8/2012) 14/9/2011 22 NSIS 31/7/2011 14/8/2011 16/8/2011 30/8/2011 2/9/2011 2 Years (26/8/2012) 16/9/2011 23 National Police Service Commission 22/5/2011 6/6/2011 8/6/2011 21/6/2011 23/6/2011 2 years (26/8/2012) 7/7/2011 Devolved Government 24 Bills relating to devolved government Between one and two years 25 Urban Areas and Cities 15/6/2011 30/6/2011 14/7/2011 16/7/2011 28/7/2011 30/7/2011 One Year (26/8/2011) 14/8/2011 Land and Environment 26 National Land Commission 30/5/2011 15/6/2011 30/6/2011 4/7/2011 18/7/2011 20/7/2011 18 months (26.3.2012) 3/8/2011 Annex V TABLE 2: SUMMARY OF PROGRESS IN THE DEVELOPMENT OF LEGISLATION Bill Draft Bill by KLRC/AG released to CIC Stakeholder Forums Round table AG/KLRC/CIC/ line Ministry/institution finalized Final draft bill released by CIC to AG Date/Status of Enactment Public Service and Leadership: Ethics and Anti- Corruption Bill 25th May 2011 CIC held a technical meeting with Ministry 30th June, 2011 - Review of the Bill by CIC is ongoing 17th February, 2012 THE KENYA GAZETTE 503 Bill Draft Bill by KLRC/AG released to CIC Stakeholder Forums Round table AG/KLRC/CIC/ line Ministry/institution finalized Final draft bill released by CIC to AG Date/Status of Enactment of Justice national Cohesion and Constitutional Affairs on 15th June 2011, carried out a stakeholders meeting on 2nd and 8th of June, 2011 and on 23rd and 24th June Citizenship and Human Rights: Kenya National Human Rights Commission Bill 8th April 2011 6th and 13th May 9th June 2011 28th June 2011 Awaiting cabinet approval as at 29th June 2011 Commission on Administration of Justice Bill 8th April 2011 6th and 13th May 9th June 2011 28th June 2011 Awaiting cabinet approval as at 29th June 2011 National Gender Commission and Equality Bill 8th April 2011 6th and 13th May 9th June 2011 28th June 2011 Awaiting cabinet approval as at 29th June 2011 Ratification of Treaties Bill 11th May 2011 17th June 2011 - - Review of the Bill by CIC is ongoing Representation of the People & Legislature: Independent Electoral and Boundaries Commission Bill Qtr 1 County Visits 10th – 18th April 2011 Workshops 16th-17th May 2011 Qtr 1 Qtr 1 Published and awaiting presidential assent Political Parties 15th May 2011 Workshops 26th-27th May 2011 20th and 23rd May 2011 25th May 2011 As of 20/6/2011, the AG had released the Bill to the Cabinet Elections (National & County) Bill 21st May 2011 County Visits 10th – 18th April 2011 - - CIC has been awaiting input from the Task Force for Devolved Government Public Finance: Public Finance Management Bill, 2011 16th May 2011 17th June, 2011 – CIC meeting with Non State Actors 27th June 2011– CIC meeting with Government Agencies and Non State Actors Tentative Date – 17th July 2011 - Review of the Bill by CIC is ongoing Controller of Budget Bill (from Treasury) 16th June 2011 27th June 2011 Tentative Date - 15th July 2011 Not Yet Review of the Bill by CIC is ongoing Commission on Revenue Allocation Bill 09th May 2011 - 18th May 2011 The Bill is pending finalization by Cabinet - Judiciary and Constitutional Commissions: Supreme Court Bill 14th May 2011 18th and 30th May 21st April 2011 23rd June 2011 Enacted into law on 27th June 2011 Independent Offices Bill - - - The Bill is before Parliament for debate - Land and Environment: National Land Commission 20th June 2011 - - - Review of the Bill by CIC is ongoing Executive and Security: National Police Service Bill 9th February 2011 Consultation with National Police 8th April 2011, Consultation with Civil Society Organisations on 24th May 2011 29th June 2011 29th June 2011- Finalised and forwarded to the Attorney General for Publication National Police Service Commission Bill 9th February 2011 Consultation with National Police 8th April 2011, Consultations with Civil Society Organisations on 24th may 2011 18th June 2011 27th June 2011- Finalised and forwarded to the Attorney General for Publication THE KENYA GAZETTE 17th February, 2012 504 504 Bill Draft Bill by KLRC/AG released to CIC Stakeholder Forums Round table AG/KLRC/CIC/ line Ministry/institution finalized Final draft bill released by CIC to AG Date/Status of Enactment Independent Policing Oversight Authority 9th February 2011 Consultation with National Police 8th April 2011, Consultations with Civil Society Organisations on 24th May 2011 29th June 2011 29th June 2011- Finalised and forwarded to the Attorney General for Publication Annex VI TABLE 3: SUMMARY OF ENGAGEMENTS WITH STAKEHOLDERS PER THEMATIC AREA ORGANISATION EVENT DATE OF MEETING Public Service and Leadership Thematic Area Kenya Institute of Administration Consultation to discuss how the policies and procedures of the Kenya Institute of Administration can be streamlined to ensure compliance with the Constitution 18th May 2011 The Office of the Prime Minister Consultation to understand the steps taken to ensure that existing and anticipated public service laws, procedures and policies comply with the Constitution. 17th May 2011 Bill of Rights and Citizenship Thematic Area Women members of the legislature, executive, business community and professionals from the private sector; non- state actors and community-based organizations Public dialogue forum on the gains for women in the Constitution and a discussion of strategies to enable women to fully utilize the spaces created by the Constitution. 4rd May 2011 The Office of the Prime Minister Consultation with Prime Minister roundtable on Gender Affairs 24th May 2011 Ministry of Justice, National Cohesion and Constitutional Affairs Consultations on how to ensure the National Policy and Action Plan on Human Rights is in compliance with the Constitution. 15th June 2011 Public Finance Thematic Area CIC and Treasury Consultative forum on Public Finance Management and Fiscal Decentralization Principles June 2011 Civil Society Organisations Technical workshop on the Public Finance Management Bill with Civil Society Organisations 17th June 2011 Stakeholders Consultative Forum on the Public Finance Management Bill 27th June 2011 Prof Paul Smoke, Dr. Junaid Ahmed and Mr. Gordhan the former Chief executive Officer of the Johannesburg Municipal Council Discussion with experts on the Public Finance Management Bill to Sensitize CIC commissioners regarding the public finance processes and comparative experiences on fiscal decentralization 4th and 5th May Land and Environment Thematic Area National Environment Civil Society Alliances of Kenya Workshop develop a strategic alliance and commence dialogue with the civil society on pressing issues afflicting land and environment and ensuring robust public participation 10th May 2011 Land Sector Non-State Actors under the auspices of the Institutions of Surveyors of Kenya. Consultative forum on the National Land Commission Bill 27th May 2011 Ministry of Water and Irrigation, the Ministry of Forestry and Wildlife, and the Ministry of Northern Kenya and Arid Lands. Consultative meetings with the task forces/committees on constitutional reforms relevant to the ministries 10th May 2011 Executive and Security Thematic Area Permanent Secretaries Workshop with the head of public service and permanent secretaries (Chief executing officers) to share with them their role with regard to the implementation of the Constitution. 4th April 2011 The Office of the Prime Minister Consultation with the Office of the Prime Minister to deliberate on the role of the executive in ensuring timely implementation of the Constitution and the application of the Rapid Results Initiative. 17th May 2011 The National Police Service Review of the national police recruitment guidelines and supervision of police recruitment nationwide to ensure compliance with the provisions of the Constitution 29th April 2011 Devolved Government Thematic Area Taskforce on Devolved Government Consultative meeting to discuss the status of priority bills and set timelines for their finalisation 2nd June 2011 Institute for Social Accountability Meeting with Non-State Actors to discuss ways of increasing collaboration between CIC and with civil society 25th May 2011 World Bank and international experts Consultation to deliberate issues relating to devolved governance with a view to understanding the transitional process and establishing effective devolved systems 6th May 2011 Task Force on Devolved Government, the Steering Committee on Devolved Government and the World Bank Meeting to discuss issues concerning the structure, service delivery and finance in a devolved government. 4th and 5th May CIC Commissioners Colloquium to develop a shared understanding on devolution, risks and how best to implement it across all thematic areas 29th April 2011 Ministry of Public Works Meeting to discuss the ministry‘s plan to develop county infrastructure 4th May 2011 17th February, 2012 THE KENYA GAZETTE 505 Annex VII TABLE 4: CONSULTATIONS WITH STAKEHOLDERS AT INSTITUTIONAL LEVEL ORGANISATION EVENT DATE OF MEETING Institute of Certified Public Secretaries of Kenya Dinner 1st April 2011 Executive Permanent Secretaries‘ Forum 2nd April 2011 Kenya Anti-Corruption Commission Breakfast Meeting 5th April 2011 Freidrich Ebert Security Sector Reforms 6th April 2011 International Commission of Jurists-Kenya Launch of Media Handbook 7th April 2011 Constituency Development Fund Launch of Strategic Plan 20th April 2011 Task Force on Devolution Presentation of the Report 20th April 2011 Media Owners‘ Association Media Owners‘ Association Breakfast 21st April 2011 The Constitution Implementation Oversight Committee Meeting on Working Modalities 21st April2011 Freidrich Ebert Stiftunt Constitutional Conference Meeting 21st April2011 World Wide Fund Stakeholders Consultative and Wildlife Matters 10th May 2011 German Non-State Actors Friend Roundtable on Status of Implementation 11th – 13th May 2011 Media Council of Kenya Training of Senior Editors 16th May 2011 Office of the Prime Minister Roundtable on Gender 24th May 2011 Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) Judicial Reform and Rule of Law Forum 25th May 2011 Parliament Prayer Breakfast 26th May 2011 Annex VIII TABLE 5: MINISTERIAL REPORTING MATRIX Ministries/State Corporations Ministry submission of Status report to CIC Analysis of the Status of Constitutional Implementation Ministry of Agriculture Not Submitted Ministry of Co-operatives Development Not Submitted Ministry of East African Community Submitted The ministry has undertaken a Rapid Result Initiative program that has resulted in: i) draft Miscellaneous Amendment Bill ii) audit report on the compliance of the East African Community laws with the Constitution and thus their suitability for domestication Ministry of Education Not Submitted However, the Teachers Service Commission has since prepared and submitted to the CIC the Teachers Service Commission Bill. Ministry of Public Works Not Submitted Ministry of Energy - Kenya Electricity Transmission Co. Ltd Submitted Ministerial taskforce set up to fast-track implementation of the Constitution. A technical committee of the taskforce tasked to review existing sector laws, bylaws and regulations to determine compliance with the Constitution and come up with a new Energy Bill. The taskforce has developed a harmonized sector position paper to guide review. Ministry of Environment and Mineral Resources Not Submitted Ministry of Gender, Children and Social Development Not Submitted Ministry of Fisheries Development Submitted The ministry has undertaken the following: i) uploaded and availed copies of the Constitution to heads of departments and their deputies and held sensitization workshops for their heads of departments. This is being cascaded to lower levels ii) working to set up and staff county offices through amalgamation of existing district-based offices into one county office iii) review of the Fisheries Management and Development Bill Ministry of State for Planning, National Development and Vision 2030 Not Submitted Ministry of Higher Education, Science & Technology Not Submitted Ministry of State for Immigration and Registration of Persons Submitted The ministry has undertaken the following: i) uploaded Constitution and undertaken two sensitization workshops for all heads of departments and section heads and selected technical officers ii) established Ministerial Constitutional Implementation Committee iii) constituted taskforce on citizenship to draft the citizenship and immigration law Ministry of Housing Not Submitted Ministry of Industrialization Anti-Counterfeit Agency Not Submitted The Agency has put in place an implementation unit to oversee the development of its workplan and to report on the implementation progress. Ministry of Information and Communication Submitted The ministry has undertaken the following: i) familiarization of the senior offices and its state corporations of the Constitution and its implications. Activity being cascaded to other THE KENYA GAZETTE 17th February, 2012 506 506 Ministries/State Corporations Ministry submission of Status report to CIC Analysis of the Status of Constitutional Implementation staff ii) generated two draft bills: Media Bill, 2010, and Independent Communications Commission Bill, 2010 iii) comprehensive audit of all existing laws, regulations, policies, administrative procedures, circulars ad government guidelines relating to the functions of the ministry Ministry of Public Health and Sanitation Not Submitted Ministry of Regional Development Authorities Not Submitted Ministry of Forestry and Wildlife Submitted The ministry has undertaken the following: i) uploaded and availed copies of the Constitution to staff and sensitized fora with staff and stakeholders ii) reviewed and provided comments on the National Land Commission Bill Ministry for Local Government Submitted The ministry‘s taskforce on devolved government is in the process of preparing the following legislation: i) Urban Areas & Cities Bills ii) County Public Service Bills iii) Devolution Bill iv) County Government Finance Management Bill v) Intergovernmental Fiscal Relations Bill vi) Transition Bill Ministry of State for National Heritage and Culture Not Submitted Ministry of Justice, National Cohesion and Constitutional Affairs Submitted The ministry has undertaken the following: i) uploaded and availed copies of the Constitution to staff and stakeholders and held departmental sensitization workshops ii) validated the National Human Rights Policy and prepared a cabinet memo revising concept note on the development of the National Anti-Corruption Policy iii) review and development of legislation Ministry of Labour Not Submitted Ministry for Home Affairs Not Submitted Ministry of Lands Submitted The ministry has prepared the Land Commission Bill, awaiting submission to the Kenya Law Reform Commission Ministry of State for Provincial Administration and Internal Security Not Submitted Ministry of State for Defence Not Submitted Ministry of Livestock Development Submitted Review of various policy statements, legislations governing the livestock sector and administrative procedures are underway to ensure conformity with the Constitution Ministry of Medical Services Not Submitted Ministry of Roads Not Submitted Ministry of Special Programmes Submitted Ministerial Constitution Implementation Unit appointed to spearhead implementation of the Constitution in the ministry. Ministerial Constitution Implementation Unit working on a plan for development review of: i) Ministry Strategic Plan ii) Internally Displaced Persons Draft Policy iii) Disaster Management Draft Policy iv) Fire Draft Policy v) Disaster Risk Reduction Strategy Ministry of Nairobi Metropolitan Development Not Submitted Ministry of Transport Not Submitted Minister for Finance Not submitted Ministry of Tourism Submitted Tourism Bill No. 19 of 2010 passed by Parliament on Thursday 21st April 2011 and is awaiting Presidential assent Ministry of Trade Not Submitted Ministry of Water and Irrigation Submitted The ministry has undertaken the following: i) availed copies of the Constitution to staff and sensitized senior staff ii) validated the reviewed of National Irrigation Policy 2011 iii) Prepared an updated National Land Reclamation policy iv) engaged consultant to review the Irrigation Bill 2011 Ministry of State for Public Service Submitted The ministry has undertaken the following: i) developed sensitization curriculum on implication of Constitution on service delivery and sensitized public servants in all the counties ii) identified suitable skills for re-deployment to counties and assisted counties in staffing their establishments 17th February, 2012 THE KENYA GAZETTE 507 Ministries/State Corporations Ministry submission of Status report to CIC Analysis of the Status of Constitutional Implementation Ministry of Youth and Sports Not Submitted Attorney-General Not Submitted Registrar-Judiciary Not Submitted Ministry of Northern Kenya and other Arid Lands Submitted The ministry has undertaken the following: i) availed copies of the Constitution to all staff ii) uploaded soft copy of the Constitution on their website and undertaken a sensitization workshop for al staff iii) held stakeholder consultations on the draft national ASAL policy iv) established a Committee to oversee implementation of the Constitution Clerk-National Assembly Submitted Taskforce on the Implementation of the Constitution established to among other tasks facilitate the enactment of laws required to operationalize the Constitution Annex IX COMMISSIONERS OF THE COMMISSION FOR THE IMPLEMENTATION OF THE CONSTITUTION CHAIRPERSON: MR. CHARLES NYACHAE VICE-CHAIRPERSON: DR. ELIZABETH MULI Dr. Elizabeth Muli is the Convener of the Public Service and Leadership Thematic Team at the CIC. IMAANA KIBAAYA LAIBUTA Mr. Kibaya Laibuta is the Convener of the Judiciary and Constitutional Commissions Thematic Team in CIC PROF. PETER WANYANDE Professor Peter Wanyande is the Convener of the Devolution Thematic Team at CIC. KAMOTHO WAIGANJO Mr. Kamotho Waiganjo is the Convener of the Public Finance Thematic Team. Ms.CATHERINE MUYEKA MUMMA Ms. Catherine Muyeka Mumma is the Convener of the Bill of Rights and Citizenship Thematic Team. DR. IBRAHIM M. ALI Dr. Ibrahim Ali is the Convener of the Land and Environment Thematic Team. Mr. PHILEMON MWAISAKA, EBS, SS Mr. Philemon Mwaisaka is the Convener of the Executive and Security Thematic Team. DR. FLORENCE OMOSA Dr. Florence Omosa is the Convener of the Representation of the People & the Legislature Team.