IMPLEMENTATION OF THE CONSTITUTION OF KENYA ACHIEVEMENTS, CHALLENGES, OPPORTUNITIES

Kamotho Waiganjo, CIC

CIC MANDATE AND FUNCTIONS

Monitoring and oversight: In particular it is required to oversee the development of legislation and administrative procedures and the implementation of the process of devolution Ultimate outcome
Culture of constitutionalism-internalised respect for the rule of law Expanded Gains of constitutionalism

Economic Social Political

key achievements in the implementation process:

Enhancement of Public participation inc improved involvement of professionals in matters public

Builds

ownership Improves content

Setting up of constitution compliant institutions

Judiciary Critical

Commissions (CRA, IEBC) Transparent recruitment-imbues faith in public service.

key achievements cont../

Passage of legislation
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Acts passed in one year complete institutional overhaul to wit; National police service bill, County Govt Bill

Increasing Culture of compliance within the public service

key challenges

Awareness-worrying esp amongst public officers

The two extremes; over-expectation Vs apathy.

Complexity of pending legislation eg Art 47, public finance viz counties Comprehensive policy framework Vs kingdom building

key challengescont/

Transition to devolution
Massive

change from centralised system

Capacity

Institutional Human resource

Oversight

esp by citizens (OG critical)

Dealing
Intra

with actual and potential fault lines

county conflicts over boundaries, resources Revenue sharing and Local natural resource entitlement

key challenges cont/.Dysfunctional government Electoral politics Impunity esp in political establishment Attitude reform-must start from the top.

OPPORTUNITIES FOR ENGAGEMENT

Personal commitment to engage

Awareness Exploit opportunities inc in governance Contribute to discourse Historical role Creating platforms for increased transparency Increasing capacity for citizens to engage

ICT

Building capacity Useable information in use friendly formats and mediums

-delivering economic benefits

virtual cooperatives? E-extension services? Information sharing?

Government role to support innovation and create enabling environment

Conclusion

Extensive challenges exist but surmountable if all invest Failure of implementation is not an option CIC endeavours to create opportunities for citizens to engage All reforms must deliver a visible economic benefit if they are to be owned and therefore sustainable