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Implementation of the New Constitution

Under the new CoK2010, KLRC was identified as one of the agencies to prepare legislation to implement the Constitution.

Steps Taken

  1. 1. In 2011, KLRC was involved in the Elections Bill project which was to consolidate the many laws on elections. The Elections Act has been enacted. The Act will be in force during the next General Elections and will ensure a fair and transparent process.
  2. KLRC was instrumental in the drafting of the Judicial Reforms legislation including the Vetting of Judges and Magistrates Bill 2011, the Judicial Service Commission Bill, 2011 and the Supreme Court Bill, 2011. All the Bills were passed by Parliament and the Vetting of Judges and Magistrates Act is now in place. The Judicial Service Commission and the Supreme Court are in place and operational.
  3. KLRC was represented in the Task Force on Devolved Government. The Task Force prepared six bills to operationalize the system of Devolved Government. The Urban Areas and Cities Act which was one of the six bills has already been enacted. The Act will ensure that Cities and Urban Areas are effectively managed to ensure faster economic growth and improved standards of living.
  4. KLRC worked with the Kenya Anti-Corruption Commission and other Stakeholders to develop the Ethics and Anti-Corruption Commission Bill, 2011. The Independent Ethics and Anti-Corruption Act, 2011 has already been enacted. An Independent Ethics and Anti-Corruption Commission (IEAC) has been operationalized to spearhead the fight against endemic corruption in the Country.
  5. KLRC worked with stakeholders to develop the Salaries and Remuneration Commission Bill, 2011. The Salaries and Remuneration Commission Act has been enacted and the Commission has been set up and is now operational. The Commission will ensure fairness and the sustainability of remuneration structures in the Public Service.
  6. KLRC was involved in drafting of three Bills to operationalize Article 59(4) of the Constitution. These are the Kenya National Human Rights Commission Bill (KNCHR), National Gender and Equality Commission (NGEC) Bill and the Commission on Administrative Justice (CAJ) Bill. All the three Bills have since been enacted into law and the three Commissions are now operational. They are expected to ensure adherence to human rights principles, gender equity and respect for the rule of law and Administrative Justice.
  7. Other Constitutional Implementation legislation that KLRC has participated in developing with various stakeholders include:
  • Independent Offices (Appointment) Act, 2011
  • Political Parties Act, 2011- The Political Parties Act is operational and all political parties have been given a deadline by which they should comply with the Act.
  • Kenya Citizens and Immigration Act,2011
  • Commission on Revenue Allocation Act, 2011- The Commission on Revenue Allocation (CRA) has been formed and is operational awaiting the formation of County Governments.
  • Power of Mercy Act,2011
  • Environment and Land court Act, 2011
  • National Government Loans Guarantee Act - The National Government Loans Guarantee Act is operational but provisions relating to County Governments shall become operational after the first General Elections under the new Constitution.
  • Contingencies and County Emergency Funds Act - Contingencies and County Emergency Funds Act is operational but provisions relating to County Governments shall become operational after the first General Elections under the new Constitution.