Kenya's proposed Constitution that was endorsed by 70 per cent of voters at the Wednesday referendum will come into force in the next 14 days but is likely to face first stern test when the divided Parliament starts making 49 new laws to guide implementation.
Article 263 on the Transitional and Consequential provisions says the new Constitution will come into force on its promulgation by the President or on the expiry of 14 days after publication of the referendum results.
Analysts say this is the easy part.
The real challenge starts when Parliament sits to enact laws to guide the implementation.
According to the schedules, the time frame for enacting the crucial laws covers from one up to five years.
Parliament, for example, will have to enact, within three years, a legislation that will govern consumer protection spelt out in Article 46.
The House was deeply divided in April when it approve the proposed Constitution in readiness for the referendum.
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MPs brought in more than 200 areas for possible amendment, but none went through, setting the stage for fierce referendum campaigns, pitting the 'Yes' and 'No' teams.
Analysts say a similar fate is likely to befall the enactment of the legislation, especially when the differences are extended into making the laws.
Groups, including some church leaders, who opposed the proposed laws, conceded defeat but immediately called for amendments to the clauses they contested.
Opposition in Parliament and weak drafting teams at the Attorney General's Chambers have been identified as possible hurdles.
The heavy schedule of the National Assembly may also reduce the speed of implementation.
"We require a lot of cohesion within Parliament to promote these legislation. This is the time to promote a unity of purpose. MPs must now remember that the majority of Kenyans who voted at the referendum supported the Constitution and they must now put personal difference aside," said Dr Karuti Kanyinga, a political scientist and lecturer at the University of Nairobi.
Dr Kanyinga says the international community should be called upon to support the Attorney General's office with the drafting of the legislation to be taken to Parliament.
Sections that need urgent legislation within a year include clauses on dual citizenship, ethics and anti-corruption commission, human rights and equality commission, land and political parties.
However, up to five years are allowed for sections dealing with community land, family law, and agreements on natural resources.
But the proposed law has own fallback provisions were Parliament to fail in enacting any legislation to govern implementation.
It says in Article 261 (5) that if Parliament fails to enact any particular legislation within the specified time, any person may petition the High Court on the development for a direction.
Groups that opposed the proposed Constitution have demanded that the country start the process of amending the contentious clauses that divided the country.
Immoral issues
"The issue is now for us to look into the future. What does it portend for us? We need to embark on an immediate journey to propose amendments on the contentious issues to bring on board people who opposed the draft," said Higher Education minister William Ruto who opposed the document.
He added: "Immediately, consultations should begin between the two sides to bring on board those who rejected the proposed constitution or those who did not vote."
A section of religious leaders who said 'No' has also appealed for continued dialogue.
"The Church will not change its stand. We have washed our hands like Pontius Pilate," said Eldoret Catholic bishop Cornelius Korir. "The church maintains that the constitution contains certain immoral issues."
Peter Karanja, the secretary general of the National Council of Churches of Kenya said they would continue opposing the laws if new amendments are not passed immediately.
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