Oliver Mathenge
11 November 2009
Nairobi — A nine-member commission that will be formed to oversee implementation of the new constitution has its work cut out for it.
Ten other constitutional commissions will assist the implementors. However, the transitional mechanism provided for in the draft is promising to be a challenge because it contradicts some of the existing laws.
Whereas, the draft provides that the current government continues to serve until 2012, the National Accord and Reconciliation Act indicates that the coalition will cease to exist once the new constitution is enacted.
The draft also calls for the enactment of 72 laws that support various provisions of the new constitution. The timelines suggested for the enactment of these laws range from six months to three years.
These include laws to entrench the proposed devolution, the revamped judicial system, dual citizenship and legislature.
The proposed implementation commission will oversee and monitor the enactment of the constitution and will give reports to the President and Parliament twice a year.
The report will include the progress made and impediments to the timely implementation of the constitution.
The new constitution will come into effect once the President promulgates it, which is expected to be 14 days after the announcement of the referendum results.
The referendum on the draft constitution, scheduled for publication this week, is expected to take place by March next year.
The draft proposes that the current constitution stands repealed once the new constitution comes into effect. Effectively, the current government will cease to exist in law since the National Accord will no longer exist.
However, suggested transitional provisions also indicate that all the existing laws should remain in force and will be altered to conform with the new constitution.
They propose that the current executive remains intact until the end of their term in 2012. President Kibaki is barred from contesting again after serving two terms.
On Wednesday, the Committee of Experts moved the publication of the draft from Thursday to next Wednesday.
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Since there's this contradiction between the two,what is the future of Kenya's leadership?Again into ballot boxes?