Law Society of Kenya CONSTITUTION OF KENYA: IMPLEMENTATION MATRIX This analysis reflects the action plan for implementation of the Constitution of Kenya. Action plan reflects only those activities that are directly mentioned or implied by Constitution of Kenya. As such, the analysis reflects the following: o Enactment of various Legislation under the Constitution, o Operationalization of the institutions and commissions, o Laws that need to be reviewed to be consistent with the Constitution; and o For Promotion of ownership of the Constitution by Kenyans through civic education. The matrix format describes the institution or legislations under the first column. The main activities are captured in the second column and seek to describe the needs to be met. The third column provides the expected output of the activities. The fourth column reflects the implementing agencies; while the last column reflects the time frame from the date of promulgation of the Constitution (27 th August 2010). 1
Enactment of the on the Implementation of the Constitution 1 Act and the operationalization of the 1. Consultations with stakeholders A cabinet sub-committee discussed and reviewed the bill Cabinet approved the CIC bill The draft bill is developed President and Prime Minister Cabinet office Ministry of Justice, National Cohesion and Constitutional Attorney General 2 Months - 3 Months 2. Enactment of the on the Implementation of the Constitution Act Publication of copies of the draft for discussions in Parliament Hold 2 meetings with Parliamentary Committees to The draft bill is revised and published and enacted President and Prime Minister Ministry of Justice, National Cohesion and Constitutional Attorney General Office of the Prime Minister Cabinet Office Public Service 2 Months - 3 Months 1 1 Enact legislation within 60 days so as to provide for time for the process of nomination/appointment/approval within 90 days as required by the Constitution 2
3. Appointment of its ers Advertise for the position of commissioners of the on the Implementation of the Constitution in 3 national dailies. Publish the names of all applicants in the Kenya Gazette Facilitate an inter-agency committee to consider received applications and short list persons qualified for appointment The commissioners are sworn in and assume office President and Prime Minister Ministry of Justice, National Cohesion and Constitutional Attorney General Office of the Prime Minister Cabinet Office Public Service 2 Months - 3 Months Publish the appointment of the Chairperson and members of the in the Kenya Gazette 3
4. Operationalization of the Leasing office premises Purchase office furniture and equipment The commission is established and is operational Attorney General Public Service 2 Months - 3 Months Facilitate an Induction workshop with local and international experts to discuss the mandate and scope of the s work Engage a HR firm to identify and recruit personnel Salaries and allowances for commissioners and the secretariat Contract 3 leading local and 3 international experts on the technical aspects of the implementation of the Constitution Facilitate thematic workshops with experts Facilitate a national conference on the implementation of the Constitution Facilitate county stakeholder consultations in all the forty seven (47) counties. 4
Enactment of the Judicial Service 2 Bill and restructuring of the JSC a. Development of the Bill The Bill was initially Developed by the Task Force on Judicial reforms and forwarded to cabinet. A cabinet sub-committee discussed and reviewed the bill The JSC is reconstituted Judiciary Kenya Magistrates and Judges Association Attorney-General Law Society of Kenya 1Month- 2 Months Cabinet approved the JSC bill 2. Enactment of the Judicial Service Act Publish copies of the draft JSC for discussions in Parliament President and Prime Minister Attorney-General Law Society of Kenya Hold 2 meetings with the relevant Parliamentary Committee to discuss the bill 2 Enact legislation within 30 days so as to provide for time for the process of nomination/appointment/approval within 60 days as required by the Constitution. 5
3. Appointment of ers The membership of the JSC is reconstituted in accordance with the Constitution to have the following members: The Chief Justice, One supreme Court Judge elected One Court of Appeal Judge elected One High Court Judge and magistrate elected Two advocates elected by the Law Society of Kenya One person nominated by the Public Service The President in consultation with the Prime Minister shall be appoint two members to represent the public The National Assembly shall approve the nominees Public Service 6
Chief Justice 1. Appointment of the Chief Justice In accordance with the recommendations of the Judicial Service, the President in consultation with the Prime Minister shall appoint the Chief Justice Parliament shall approve the appointment of the Chief Justice Hire staff to fill existing vacancies in the CJ s office The chief Justice is sworn in and assumes office President and Prime Minister Judicial service National Assembly 6 Months Appointment of the Deputy Chief Justice and operationalization of the office 1. Appointment of Deputy Chief Justice In accordance with the recommendations of the Judicial Service, the President in consultation with the Prime Minister shall appoint the Deputy Chief Justice The Deputy chief Justice is sworn in and assumes office President and Prime Minister Judicial Service 6 Months- Parliament shall approve the appointment of the Deputy Chief Justice 2. Operationalise the Office Refurbishment of office and purchase office furniture and equipment Purchase of 2 gowns, wigs Purchase of official motor vehicle Salaries and allowances Rental of official residence The Judiciary 7
Filling of existing vacancies in the Judiciary Enactment of the Supreme Court Act and the Establishment of the Supreme Court a. Court of Appeal (4 Judges) Refurbishment of offices and purchase of furniture Purchase of official motor vehicles Purchase of Judges gowns and wigs Additional staff for new Judges b. High Court (25 Judges) Refurbishment of offices and purchase of furniture Purchase of official motor vehicles Purchase of Judges gowns and wigs Additional staff for the new Judges Appointment of more Judges to fill the new establishment Organize strategic inter-agency coordination meetings to develop a draft Supreme Court Bill Facilitate workshops for constitutional, judicial experts and drafts persons to review the Judicature Act Facilitate a stakeholder forum to share and discuss the draft Bill Hold technical review seminars to review the draft bill Hold a stakeholder workshop to validate the bill Hold meetings with Cabinet to discuss and approve the bill President and Prime Minister JSC 6 Months- 8
2. Enactment of the Supreme Court Act Publish draft for discussions in Parliament Hold meetings with Parliamentary Committees to President and Prime Minister JSC 3. Appointment of Supreme Court Judges Advertisements for the position of Supreme Court Judge In accordance with the The Judges are sworn in and assume office The President Prime Minister Judicial Service recommendations of the Judicial Service, the President in consultation with the Prime Minister shall appoint the Judges of the Supreme Court 4. Operationalize the Supreme Court Refurbishment of offices and purchase of furniture Purchase of Motor Vehicles The Supreme Court is operationalised Judiciary Purchase of Judges gowns and wigs Staff salaries 9
Create space for the Supreme Court, Court of 1. Furnishing of the Income Tax House Refurbishment of office and purchase of furniture The new court and chambers are furnished Judiciary Appeal and the High Court Enactment of the Vetting (of Judges and Magistrates) Act, and the operationalization of the Vetting Board The Bill was initially developed by the Task Force on Judicial reforms and forwarded to cabinet. A cabinet sub-committee discussed and reviewed the bill The bill was approved by Cabinet for publishing Draft Bill is developed President and Prime Minister Judicial Service Attorney-General Law Society of Kenya Public Complaints Standing Committee Federation of Women Lawyers 3 Months 3-2. Enactment of Vetting of Judges and Magistrates Act Publish draft for discussions in Parliament Bill is published and enacted Attorney-General Hold meetings with Parliamentary Committees to 3 Enact legislation within 30 days and undertake vetting within one year after enactment of legislation. 10
3. Appointment of the Vetting board Declare vacancies in the vetting board by gazette notice Names of all the applicants are published in the Kenya Gazette The Public Service convenes a six (6) member committee to short list persons qualified for appointment as chairperson and member The president in consultation with the Prime minister nominates a chair person and eight members of the board including three distinguished noncitizens Parliament considers and approves the nominations The President appoints the chairperson and members approved by parliament Publish the names of the members appointed to the Board Vetting board is appointed and assumes office President and Prime Minister Judicial Service Attorney-General Law Society of Kenya Public Complaints Standing Committee 11
4. Operationalise the Board Salaries and allowances Office space Office furniture and equipment Other operational costs Enactment of the Employment and Labour Relations Court Bill, Enactment of the Land Disputes Organize strategic inter-agency coordination meetings to develop draft Bills on other superior courts Facilitate 3 workshops between land, labour and environmental experts and the Judiciary and drafts persons Ministry of Labour Ministry of Environment Ministry of Forestry and Wildlife Ministry of Lands Attorney General Court Bill and the Environmental Disputes Court Bill and the establishment of Other Superior Courts laws 12
2. Enactment of the Employment and Labour Relations Court Bill Technical committee consultations to develop the draft the draft bill Stakeholder workshop to review the draft Bill Workshop to validate the Bill Technical meeting to finalize drafting of the bill Hold meetings with Cabinet to discuss and approve the bill Publish draft for discussions in Parliament Hold meetings with Parliamentary Committees to 3. Enactment of the Land Disputes Court Bill Technical committee consultations to develop the draft the draft bill Stakeholders workshop to review the draft Bill workshop to validate the draft bill Technical meeting to finalize drafting of the bill Hold meetings with Cabinet to discuss and approve the bill Publish draft for discussions in Parliament Hold meetings with Parliamentary Committees to 4. Enactment of the Environmental Disputes Court Bill Technical committee to develop the draft bill Workshop with stakeholders to review the draft Bill workshop to validate Bill Hold meetings with Cabinet to discuss and approve the bill Publish draft for discussions in Parliament Hold meetings with Parliamentary Committees to Ministry of Labour Ministry of Attorney General Ministry of Environment Ministry of Forestry and Wildlife Ministry of Lands Attorney Ministry of Environment Ministry of Forestry and Wildlife Ministry of Lands Attorney General 13
2. Public Finance Enactment of the on Revenue Allocation 4 Act and operationalization of the Organize a strategic inter-agency coordination meeting to develop a draft on Revenue Allocation bill Identify and hire consultancies and expertise in the law of taxation, devolution, finance, economics and public administration to provide technical assistance in the development of the bill Facilitate a stakeholder forum to share and discuss the draft Bill Reports of the workshops and meetings are prepared Consultants papers and reports are produced Attorney General 2 Months- 3 Months Facilitate a technical review meeting to review the draft bill Facilitate a stakeholder workshop to validate the bill Hold 2 meetings with Cabinet to discuss and approve the bill 4 Enact legislation within 60 days so as to provide for time for the process of nomination/appointment/approval within 90 days as required by the Constitution. 14
2. Enactment of the Revenue Allocation Act Publish draft copies for discussions in Parliament Hold 2 meetings with relevant Parliamentary Committees to Bill is published and enacted Attorney General 3. Appointment of ers Nomination of seven members by the nominating institutions. ers are appointed and assume office The President in consultation with the Prime Minister shall appoint a chairperson and other nominated members, as members of the Revenue Allocation Publish the appointment of the Chairperson and members of the Revenue Allocation 15
4. Operationalization of the is operational Identify and lease office premises Purchase office furniture and equipment Facilitate an Induction workshop for commissioners with local and international experts to discuss the mandate and scope of the s work To advertise and recruit personnel for the To facilitate 5 thematic workshops with leading local and international experts on the technical aspects of the implementation of the on Revenue Allocation To develop and publish a policy on the equitable allocation of revenue at National and County level To develop and publish a policy on the management of the Equalization fund and criteria of identifying marginalized groups National launch of both policies on allocation of revenue at National and County level and Equalization fund. Salaries and allowances for commissioners and Secretariat Appointment of the Auditor- General 1. Appointment of the Auditor-General The President in consultation with the Prime Minister shall nominate the Auditor-General Parliament shall approve the appointment of the Auditor-General The Auditor- General is sworn in and assumes office President and Prime Minister The President shall appoint the Auditor General 16
Enactment of the Salaries and Remuneration Act and the operationalization of the Organize strategic inter-agency coordination meetings to develop a draft Salaries and Remuneration bill Facilitate a workshop between the financial experts and drafts persons to discuss the content of the draft bill Facilitate a stakeholder forum to share and discuss bill Hold technical review seminars to review the draft bill Hold meetings with Cabinet to discuss and approve the bill Reports of the workshops and meetings are prepared President and Prime Minister Attorney General Teachers Service Public Service Judicial Service Public Service National Police Service Ministry of State for Public Service Federation of Kenya Employers Central Organization of Trade Unions Joint Forum of Professional Bodies Defense Council Salaries Review Board 6 Months 5 5 The Constitution requires that the to be constituted within 9 months. However the fast tracking of the is proposed to set and review the remuneration and benefits of all state officers and particularly the commissions that will be established under the Constitutional Implementation process. 17
2. Enactment of Salaries and Remuneration Act Publish copies of the draft for discussions in Parliament Hold meetings with Parliamentary Committees to The Salaries and Remuneration Bill is published and enacted President and Prime Minister Attorney General 3. Appointment of its ers The nominating bodies shall nominate thirteen members. The President in consultation with the Prime Minister shall appoint a chairperson and thirteen members as members of the Salaries and Remuneration Publish the appointment of the Chairperson and members of the Salaries and Remuneration The members of the Salaries and Remuneration are sworn in and assume office President and Prime Minister Attorney General 4. Operationalization of the Identify and lease office premises Purchase office equipment Salaries and allowances Facilitate an Induction workshop with local and international experts to discuss the mandate and scope of the s work Identify and contract a HR firm to identify, advertise and recruit personnel To facilitate 4 thematic workshops on financial management with leading local and international experts The commission is established and is operational President and Prime Minister Attorney General 18
Controller of Budget 1. Appointment of Controller of Budget The President in consultation with the Prime Minister shall appoint the Controller of Budget Parliament shall approve the appointment of the Controller of Budget The President shall appoint the Controller of Budget President and Prime Minister 1 year 2. Operationalise the Office Salaries and allowances Office rent, office equipment and furniture Ministry of State and Public Service 19
3. Human Rights Enactment of the Kenya National Human Rights and Equality Act and its operationalization Organize 2 strategic inter-agency coordination meetings to develop the bill Facilitate 2 workshops between the human rights experts and drafts persons to discuss the content of the draft bill Hold technical review seminars to review the draft bill Hold meetings with Cabinet to discuss and approve the bill Reports of the workshops and meetings are prepared President and Prime Minister Kenya National on Human Rights National on Gender and Development Attorney General 2. Enactment of the Kenya National Human Rights and Equality Bill Publish draft for discussions in Parliament Hold meetings with relevant Parliamentary Committees to The Kenya National Human Rights and Equality commission bill is published and enacted President and Prime Minister Kenya National on Human Rights National on Gender and Development Attorney General 20
Transformation of the Public Complaints Standing Committee into a Constitutional Establishment of the Legal Aid 1. Consultation with stakeholders to transform PCSC into a Constitution in terms of Article 59 Internal workshop to revise the existing draft Ombudsman Bill Facilitate key stakeholder s workshop to jointly develop the on Administrative Justice (Ombudsman) Act Hold a validation workshop 2. Enactment of the on Administrative Justice (Ombudsman) Act Publish draft for discussions in Parliament Facilitate a sensitization workshop for the Parliamentary Committee on Legal and Administration of Justice to 1. Enactment Of the Legal Aid Act The draft Legal Aid Bill was developed prior to the ratification of the new Constitution. The Bill shall be reviewed to include the establishment of the Legal Aid. 2. Consultations with stakeholders. Facilitate a stakeholder s forum to revise the draft policy in line with the new constitution. Facilitate Focus Group Discussions with, and to receive input from: i. Judiciary ii. Law Society of Kenya council and members. iii. Facilitating organisations and other Legal aid NGO s. iv. Kenya School of Law, Universities of Nairobi and Kenyatta. v. Paralegal Networks and Development partners. Facilitate a national stakeholders/technical forum to review the revised draft policy. Facilitate a stakeholder workshop to validate. Develop a cabinet memo Submit the cabinet memo on the Bill for approval. The on Administrativ e Justice bill is published and enacted President and Prime Minister Kenya National on Human Rights National on Gender and Development Attorney General President and Prime Minister Kenya National on Human Rights National on Gender and Development National Legal Aid and Awareness Programme- Ministry of Justice, National Attorney General Judiciary Law Society of Kenya Federation of Women Lawyers International of Jurists Kituo Cha Sheria Kenya School of Law 1 year 21
Revise the draft Policy on Legal Aid The draft policy was developed prior to the passing of the new constitution. 3. Consultations with stakeholders Facilitate a stakeholder s forum to revise the draft policy in line with the Constitution. Facilitate Focus Group Discussions with, and to receive input from: Facilitate stakeholders/technical forum to review the revised draft policy. Facilitate a stakeholder workshop to validate. Publish the Policy on two local dailies with major circulation. i. Judiciary ii. Law Society of Kenya council and members. iii. Facilitating organisations and other Legal aid NGO s. iv. Kenya School of Law, Universities of Nairobi and Kenyatta. v. Paralegal Networks and Development partners. Launch of the policy Establish the National on Gender and Development as an independent 1. Review the National on Gender and Development Act Organize 2 strategic inter-agency coordination meetings to develop the bill Facilitate 2 workshops between stakeholders and drafts persons to discuss the content of the draft bill Hold technical review seminars to review the draft bill Hold meetings with Cabinet to discuss and approve KNCHR and the Gender and Equality is merged the Kenya Human Rights and Equality is operationalized National on Human Rights National on Gender and Development Cohesion and Constitutional Attorney General the bill 22
4. Leadership and Integrity Enact the Ethics and Anti- Corruption Act Organize a strategic inter-agency coordination meetings to develop a draft Leadership and Integrity law Facilitate 2 workshops to review the Anti Corruption and Economic Crimes Act, Public officer Ethics Act, Public Procurement and Disposal Act, Witness Protection Act, Proceeds of Crime and Anti Money Laundering Act, Government Fiscal Management Act Hold 2 technical review seminars to review the draft bill Hold meetings with Cabinet to discuss and approve the bill 2. Development and implementation of the National Anti- Corruption Policy A concept paper has been developed by the Ministry of Justice in consultations with various anti corruption agencies Hold 8 regional stakeholder workshop to discuss the concept and develop draft National Anti-Corruption Policy Hold 2 technical review seminars to review the draft bill Develop a Cabinet Memo for Cabinet discussions Hold one validation workshop Sensitisation and awareness creation 3. Enactment of the Independent Ethics and Anti-Corruption Act Publish copies of the draft for discussions in Parliament Hold meetings with relevant Parliamentary Committees to discuss the bill 4. Transformation of the Kenya Anti-Corruption into the Independent Ethics and Anti-Corruption Subject to enactment Transitional arrangements for Kenya Anti-Corruption management and staff and the Kenya Anti-Corruption Advisory Board. Appointment of commissioners Restructuring of the Kenya Anti Corruption Secretariat/recruiting new officers The ethics and Anti- Corruption Bill is published and enacted The leadership Code is published and enacted President and Prime Minister Ministry of Justice, National Cohesion and Constitutional Attorney General Kenya Anti-Corruption Advisory Board 6 Months 6-1 Year 6 Enact legislation within 6 months to provide time for the process of nomination/ approval/ appointment within 1 year. 23
5. Representation of the people Enactment of the Independent Electoral and Boundaries Act and Operationalizat Organize 2 strategic inter agency coordination meetings to develop a draft bill Facilitate 2 workshops between election experts boundaries delimitation experts and drafts persons to discuss the content of the draft bill Hold a technical review seminar to review the draft bill Hold meetings with Cabinet to discuss and approve the bill President and Prime Minister Interim Independent Electoral Attorney-General Ministry of Justice, National Cohesion and Constitutional 6 Months 7 ion of the 2. Enactment of the Independent Electoral and Boundaries Bill Publish draft for discussions in Parliament Hold meetings with Parliamentary Committees to discuss the bill 3. Appointment of its commissioners The President in consultation with the Prime minister shall nominate commissioners to IEBC The National Assembly shall approve the nomination The President appoints commissioners to IEBC 7 While the process of nomination/ approval and appointment should be within 1 year, it is proposed that the process be fast tracked within 6 months. 24
Appoint the Attorney- General 6. Executive 1. Appointment of the Attorney-General The President in consultation with the Prime minister shall nominate the Attorney General The National Assembly shall approve the nomination of the Attorney General The President appoints the Attorney General The Attorney General is sworn in and assumes office President and Prime Minister Appoint and Operationalize the office of Director of Public Prosecutions Drafting of Bills (drafting dept. in the AG s office) 1. Appointment of the Director of Public Prosecutions The President in consultation with the Prime minister shall nominate the Director of Public Prosecutions The National Assembly shall approve the nomination of the Director of Public Prosecutions The President appoints the Director of Public Prosecutions 2. Operationalise the Office Purchase office furniture and equipment Purchase of motor vehicle Lease office space Recruitment of prosecutors and non legal staff Consultative workshops on the delinking of the DPP From State Law Office and inter agency cooperation Additional Office Space Furniture and Equipment Short term Consultancies Training Vehicles Stationery Allowances The DPP is sworn in and assumes office Office is operational President and Prime Minister State Law office Ministry of State for Public Service Treasury 1Year 25
Recruitment of State Counsel Develop proposals on the most effective Devolution Model Recruit 4 state counsels per county 7. Devolved Government 1. Formation of a Steering Committee and Task Force on the Devolved Government Organize strategic inter-agency coordination meetings to develop the terms of reference for the Task Force on devolved system of Government Gazette the names of the Task Force members and the steering Committee 188 state counsels recruited Terms of reference developed Task Force members Gazetted State Law office Ministry of State for Public Service Treasury Attorney-General Ministry of Local Government 1 year 2. Consultations with stakeholders Facilitate stakeholder forums through Public hearings in sampled counties 3. Undertake studies on the most effective devolution model ing researches and studies on specific thematic areas Reports on consultations prepared Reports and policy recommendati on on specific areas for legislation Attorney-General Ministry of Local Government Attorney-General Ministry of Local Government 26
4. Enact and Develop Legislation for the New Local Government Structure Hire experts in Urban Planning, Land Economics, Lawyers, Governance Experts Human Resource to develop the draft bill Organize strategic inter-agency coordination meetings to discuss the draft bill Hold technical review seminars to review the draft bill Hold meetings with Cabinet to discuss and approve the bill Publish draft for discussions in Parliament Draft Bill is developed President and Prime Minister Attorney-General Ministry of Local Government Hold meetings with Parliamentary Committees to Development of legislation on elections to Senate Facilitate stakeholder forums Facilitate experts consultations 2. Development of Legislation on Elections to Senate Publish draft for discussions in Parliament Hold meetings with Parliamentary Committees to Interim Independent Electoral President and Prime Minister Attorney-General Ministry of Local Government 27
Development of legislation on County Assemblies Act Facilitate stakeholder forums Facilitate experts consultations 2. Development of Legislation on County Assemblies Act Publish draft for discussions in Parliament Hold meetings with Parliamentary Committees to Draft Bill is developed Parliament Interim Independent Electoral Independent Electoral and Boundaries Attorney-General 8 Development of legislation on County Governors/Dep uty County Governors Facilitate stakeholder forums Facilitate experts consultations 2. Development of Legislation on County Assemblies/devolution Publish draft for discussions in Parliament Hold meetings with Parliamentary Committees to Draft Bill is developed Parliament Interim Independent Electoral Independent Electoral and Boundaries Attorney-General Ministry of Local Government 9-3 Years 8 Legislation should be enacted to provide for election and removal from office of Speakers of the County Assemblies. 9 Legislation should be enacted within one year to provide for election process/system. 28
Urban areas and cities Organize strategic inter-agency coordination meetings to develop a draft bill Facilitate a stakeholder forum to share and discuss bill the draft Bill studies of Urban Cities Hold technical review seminars to review the draft bill Reports of workshops and meetings prepared Parliament Attorney-General Ministry of Local Government Nairobi Metropolitan Ministry Hold a stakeholder workshop to validate the bill Hold meetings with Cabinet to discuss and approve the bill 2. Enactment of the Urban and Cities Act Publish draft for discussions in Parliament Hold meetings with Parliamentary Committees to Draft Bill is developed 3. Demarcation of urban and city areas Planning and survey 29
8. The Public Service Public Service 9. National Security Development of legislation on the National Police Service Act, the appointment of the Inspector- General of the National Police Service and Deputy Inspectors- General Organize strategic inter-agency coordination meetings to develop a draft Public Service Bill Facilitate a stakeholder forum to share and discuss the draft Bill Hold technical review seminars to review the draft bill Hold meetings with Cabinet to discuss and approve the bill 2. Enactment the Public Service Bill/ Review Service Act Publish draft bills for discussions in Parliament Hold meetings with Parliamentary Committees to Organize strategic inter-agency coordination meetings to develop a draft the National Police Service Bill Hold technical review seminars to review the draft bill Develop an abridged version of the Bill of rights for distribution to all police officers Print copies of the abridged version of the Bill of rights for all police officers Hold meetings with Cabinet to discuss and approve the bill Draft bill is developed Draft bill is published and enacted Draft Bill is developed President and Prime Minister Attorney-General Ministry of State for Public Service President and Prime Minister Parliament National Police Service 6 Months 10-2 Years 10 While the Constitution requires that the Public Service be established within 1 year, it is proposed that the establishment be fast tracked to address the challenges in the current Institution and to ensure that reforms in the Public Service are implemented urgently 30
2. Enactment of National Police Service Act Publish draft for discussions in Parliament Hold meetings with Parliamentary Committees to Develop an abridged version of the National Police Service Act Print copies of the abridged version of the National Police Act 3. Operationalization of the Authorities Appointment of the Inspector General and two deputies Harmonization of ranking structures Strengthening internal accountability mechanisms Rebranding and sensitization Retraining, sensitization and capacity building on human rights and ethics for all security forces Reviewing and validating the code of conduct and the Police Service Orders Accountability mechanisms strengthened Security officers retrained on human rights and ethics Service Orders revised in consistent with the Constitution Police Reforms Implementation Committee Ministry of State for Internal Security and Provincial Administration Kenya Police Administration Police National Security Intelligence Service Kenya Army Kenya Air force Ministry of State for Public Service Ministry of Home 31
National Security Organs (including the Kenya Defence Forces, National Intelligence Service/ National Police Service) 1. Establish a Task Force on Statutory reforms relating to security provisions in the Constitution 2. Consultations with stakeholders Facilitate 8 workshops between experts in the security sector and drafts persons to discuss the content of Bills relating to Security including the Security Organs draft bill Facilitate stakeholder forum to share and discuss bill the draft Bills Hold a technical review seminars to review the draft bills Hold meetings with Cabinet to discuss and approve the bill Police Reforms Implementation Committee Ministry of State for Internal Security and Provincial Administration Kenya Police Administration Police National Security Intelligence Service Kenya Army Kenya Air force Ministry of State for Public Service - 2 Years 3. Enactment of relevant Legislation Publish draft for discussions in Parliament Hold meetings with Parliamentary Committees to 4. Retraining and capacity Building Retraining, sensitization and capacity building on human rights and ethics for the Defence Forces Police Reforms Implementation Committee Ministry of State for Internal Security and Provincial Administration Kenya Police Administration Police National Security Intelligence Service Kenya Army Kenya Air force Ministry of State for Public Service 32
Development of legislation on the Power of Mercy and the operationalizati on of the Advisory Committee Refurbishment and expansion Organize strategic inter-agency coordination meetings to develop a draft the Power of Mercy Bill Hold technical review seminars to review the draft bill Hold meetings with Cabinet to discuss and approve the bill 2. Enactment of the Power of Mercy Bill Publish draft for discussions in Parliament Hold meetings with Parliamentary Committees to 3. Retraining and capacity building Carry out sensitization activities on human rights and ethics for Correctional Services Officers Reviewing and validating the code of conduct and the Prison Service Orders Undertake preliminary work for construction of correctional facilities Refurbish existing correctional facilities Ministry of Home Ministry of State for Internal Security and Provincial Administration Kenya Police Administration Police National Security Intelligence Service Ministry of State for Public Service Ministry of Home of the correctional facilities 33
10. Land Enactment of the National Land Act and operationalization of the National Land Facilitate 3 workshops between the land and natural resources experts and drafts persons to discuss the content of the draft bill Organize a strategic inter-agency coordination meeting to review the National land policy and develop a draft National Land bill Facilitate a stakeholder forum to share and discuss bill the draft Bill Hold 2 technical review seminars to review the draft bill Hold a stakeholder workshop to validate the bill Hold meetings with Cabinet to discuss and approve the bill 2. Enactment of National Land Act Publish approximately 500 draft for discussions in Parliament Hold 2 meetings with Parliamentary Committees to discuss the bill 3. Operationalization of the Identify and lease office premises Refurbishment and purchase of and purchase office equipment Facilitate an Induction workshop with local and international experts to discuss the mandate and scope of the s work To advertise and recruit personnel for the Salaries and allowances for commission staff To facilitate thematic workshops on efficient and equitable management with leading local and international experts on the technical aspects of use and land management and comprehensive land registration Senate Attorney-General Cabinet Office Ministry of Lands Ministry of Local Government Ministry of Environment Kenya National Human Rights and Equality Ministry of Forestry and Wildlife Ministry of East African Community 11 11 While the Constitution recommends five (5) years the Implementation is fast tracked to one year 34
Facilitate thematic stakeholder workshops on the content of the National Land Policy and the role of each stakeholder in ensuring sustainable utilization and management of land and implementation of the national land policy Facilitate county stakeholder consultations in all the forty seven (47) counties on a comprehensive registration process and related processes. Facilitate country wide research on past and present historical land injustices 35
11. Provincial Administration Development of Legislation to Restructure the Provincial Administration 1. Establishment of a Task Force. Organize 3 strategic inter-agency coordination meetings to develop the terms of reference of the Task Force Establish the Task Force to carry out countrywide stakeholder consultations, engage key experts and develop a report Benchmarking against best practises with similar systems and governance structure in South Africa and India Develop a framework of the restructured Provincial Administration Validation workshop with stakeholders Develop the National Administration Bill 2. Development of legislation to restructure the Provincial Administration Publish 500 copies draft for discussions in Parliament Hold meetings with Parliamentary Committees to Develop an abridged version of the National Administration Bill Print 12,000 copies of the abridged version Task Force report is produced and published Office of the President Office of the Prime Minister Kenya Law Reform Ministry of State for Internal Security and Provincial Administration Ministry of State for Public Service Public Service Provincial Administration Office of the President Office of the Prime Minister Kenya Law Reform Ministry of State for Internal Security and Provincial Administration Ministry of State for Public Service Public Service Provincial Administration Treasury 12 12 While the Constitution recommends five (5) years the Implementation is fast tracked to one year 36
12. National Values Advisory Board Establishment of the National Values Advisory Board Facilitate workshops between experts and drafts persons to discuss the content of the draft bill Organize strategic inter-agency coordination meetings to review the national values policy and develop a draft the National Values Advisory Board Bill Facilitate stakeholder forums to share and discuss bill the draft Bill Hold technical review seminars to review the draft bill Hold a stakeholder workshop to validate the bill Hold meetings with Cabinet to discuss and approve the bill 2. Enactment of Legislation to establish the advisory Board Publish 500 copies of the draft for discussions in Parliament Hold meetings with Parliamentary Committees to 3. Appointment of its Board members Advertisement costs Selection committee 4. Operationalization of the Board President and Prime Minister National Cohesion and Integration Offices of the President and Prime Minister Cabinet National Economic and Social Council 1 year Facilitate determination of optimal staff compliment control Rent office space Salaries and remuneration Purchase and maintenance of motor vehicles Purchase and maintenance of office equipment Refurbishment of office Hospitality, conferences and committees Training and capacity building Research, consultancy and feasibility studies Printing, advertisement and info services Outreach/advocacy programming 37
Interim Independent boundaries Review commission Interim Independent Electoral 13. Citizenship Legislation on citizenship 1. Dissolution of the commission(winding up Costs) Interagency consultations on the winding up process Creation of Sub committees to prepare and facilitate the winding up 1. Dissolution of the commission (Winding up Costs) Interagency consultations on the winding up process Creation of Sub committees to prepare and facilitate the winding up Facilitate workshops between various experts and drafts persons to discuss the content of the draft bill Organize strategic inter-agency coordination meetings to review the Citizenship Bill Facilitate a stakeholder forum to share and discuss the draft Bill Hold technical review seminars to review the draft bill Hold a stakeholder workshop to validate the bill Hold meetings with Cabinet to discuss and approve the bill Interim Independent boundaries Review commission Interim Independent boundaries Review commission Ministry of Immigration Ministry of State for Internal Security and Provincial Administration Provincial Administration Ministry of Gender, Children and Social Development Ministry of Immigration Ministry of East Africa Community 27 th November 2010 13 The shall continue to be in office until the Independent Elections and Boundaries under the Constitution is established 14 1 year 13 Within 3 months after the promulgation of the Constitution 14 The establishment of this will be fast tracked 38
Enactment of 2. Enactment of relevant Legislation Publish copies of the draft for discussions in Parliament Hold meetings with Parliamentary Committees to 14. Enactment of other legislation other legislation The Ministry of Housing had prior to the promulgation of the new constitution, developed a draft Housing Bill Facilitate a stakeholder forum to share and discuss the draft Bill Hold technical review seminars to review the draft bill Hold a stakeholder workshop to validate the bill Hold meetings with Cabinet to discuss and approve the bill 2. Enactment of the Housing Bill Publish copies of the draft for discussions in Parliament Hold meetings with Parliamentary Committees to 15. Review of Legislation in line with the Constitution Ministry of Housing Senate Attorney-General Cabinet Office Ministry of East Africa Community Review of legislation in line with the Constitution A. Review of the NYS Act Cap 208 Facilitate a stakeholder forum to review the Act Hold technical review seminars to review the draft bill Hold a stakeholder workshop to validate the bill Hold meetings with Cabinet to discuss and approve the bill 1. Enactment of relevant Legislation Publish 500 copies of the draft for discussions in Parliament Hold meetings with Parliamentary Committees to Provisions of the Act are consistent with the Constitution Senate Attorney-General Cabinet Office Ministry of Youth 39
B. Review of Cooperative Societies Act Facilitate a stakeholder forum to review the Act and develop draft Bill Hold technical review seminars to review the draft bill Hold a stakeholder workshop to validate the bill Hold meetings with Cabinet to discuss and approve the bill Provisions of the Act are consistent with the Constitution Ministry of cooperative Development and Marketing Senate 2 Attorney-General 3 Ministry of Justice, National 4 Treasury 5 Cabinet Office 2. Enactment of relevant Legislation Publish copies of the draft for discussions in Parliament Hold meetings with Parliamentary Committees to 40
C. Review of the Public Audit Act (to include the functions of the Controller of Budget and harmonize the functions of the Auditor- General) Facilitate a stakeholder forum to review the Act and develop draft Bill Hold technical review seminars to review the draft bill Hold a stakeholder workshop to validate the bill Hold meetings with Cabinet to discuss and approve the bill 2. Enactment of relevant Legislation Publish 500 copies of the draft for discussions in Parliament Hold meetings with Parliamentary Committees to discuss the bill D. Review of Public Finance Management Act Facilitate a stakeholder forum to review the Act and develop draft Bill Hold technical review seminars to review the draft bill Hold a stakeholder workshop to validate the bill Hold meetings with Cabinet to discuss and approve the bill 2. Enactment of relevant Legislation Publish copies of the draft for discussions in Parliament Hold meetings with Parliamentary Committees to Provisions of the Act are consistent with the Constitution Kenya National Audit Office 6 Attorney-General 7 Ministry of Justice, National 8 Cabinet Office Senate 9 Attorney-General 10 Ministry of Justice, National 11 Treasury 12 Cabinet Office 41
E. Review the Fiscal Management Act (2009) Facilitate a stakeholder forum to review the Act and develop draft Bill Hold technical review seminars to review the draft bill Hold a stakeholder workshop to validate the bill Hold meetings with Cabinet to discuss and approve the bill 2. Enactment of relevant Legislation Publish copies of the draft for discussions in Parliament Hold meetings with Parliamentary Committees to F. Government Financial Management Act (2004) Facilitate a stakeholder forum to review the Act and develop draft Bill Hold technical review seminars to review the draft bill Hold a stakeholder workshop to validate the bill Hold meetings with Cabinet to discuss and approve the bill 2. Enactment of relevant Legislation Publish copies of the draft for discussions in Parliament Hold meetings with Parliamentary Committees to Provisions of the Act are consistent with the Constitution Provisions of the Act are consistent with the Constitution Senate Attorney-General 13 Treasury 14 Cabinet Office Senate 15 Attorney-General 16 Ministry of Justice, National 17 Treasury 18 Cabinet Office 42
G. Review of the Anti-Corruption and Economics Crimes Act Facilitate a stakeholder forum to review the Act and develop draft Bill Hold technical review seminars to review the draft bill Hold a stakeholder workshop to validate the bill Hold meetings with Cabinet to discuss and approve the bill 2. Enactment of relevant Legislation Publish copies of the draft for discussions in Parliament Hold meetings with Parliamentary Committees to discuss the bill H. Review Service s Facilitate a stakeholder forum to review the Act and develop draft Bill Hold technical review seminars to review the draft bill Hold a stakeholder workshop to validate the bill Hold meetings with Cabinet to discuss and approve the bill 2. Enactment of relevant Legislation Publish 500 copies of the draft for discussions in Parliament Hold meetings with Parliamentary Committees to Provisions of the Act are consistent with the Constitution Provisions of the Act are consistent with the Constitution Senate 19 Attorney-General 20 Ministry of Justice, National 21 Treasury 22 Cabinet Office 23 Kenya Anti Corruption Senate 24 Attorney-General 25 Ministry of Justice, National 26 Treasury 27 Cabinet Office 28 Ministry of State for Public Service 29 Judiciary 43
I. Review of Registration of persons Act, CAP 107 Facilitate a stakeholder forum to review the Act and develop draft Bill Hold technical review seminars to review the draft bill Hold a stakeholder workshop to validate the bill Hold meetings with Cabinet to discuss and approve the bill 2. Enactment of relevant Legislation Publish copies of the draft for discussions in Parliament Hold meetings with Parliamentary Committees to J. Births and Deaths Acts CAP 149 Facilitate a stakeholder forum to review the Act Hold technical review seminars to review the draft bill Hold a stakeholder workshop to validate the bill Hold meetings with Cabinet to discuss and approve the bill 2. Enactment of relevant Legislation Publish copies of the draft for discussions in Parliament Hold meetings with Parliamentary Committees to Provisions of the Act are consistent with the Constitution Provisions of the Act are consistent with the Constitution Ministry of Immigration Senate 30 Attorney-General 31 Ministry of Justice, National 32 Treasury 33 Cabinet Office Senate 34 Attorney-General 35 Ministry of Justice, National 36 Treasury 37 Cabinet Office 38 Ministry Immigration 44
K. Refugees Act, 2006 Facilitate a stakeholder forum to review the Act Hold technical review seminars to review the draft bill Hold a stakeholder workshop to validate the bill Hold meetings with Cabinet to discuss and approve the bill 2. Enactment of relevant Legislation Publish copies of the draft for discussions in Parliament Hold meetings with Parliamentary Committees to Provisions of the Act are consistent with the Constitution Senate 39 Attorney-General 40 Ministry of Justice, National 41 Treasury 42 Cabinet Office 43 Ministry of Immigration 44 Kenya National Human Rights and Equality 45
L. Kenya Citizenship Act CAP 170 Facilitate a stakeholder forum to review the Act Hold technical review seminars to review the draft bill Hold a stakeholder workshop to validate the bill Hold meetings with Cabinet to discuss and approve the bill 2. Enactment of relevant Legislation Publish copies of the draft for discussions in Parliament Hold meetings with Parliamentary Committees to M. Aliens Restriction Act CAP 173 Facilitate a stakeholder forum to review the Act Hold technical review seminars to review the draft bill Hold a stakeholder workshop to validate the bill Hold meetings with Cabinet to discuss and approve the bill 2. Enactment of relevant Legislation Publish copies of the draft for discussions in Parliament Hold meetings with Parliamentary Committees to N. Review the Political parties Act Facilitate a stakeholder forum to review the Act and develop draft Bill Hold technical review seminars to review the draft bill Hold a stakeholder workshop to validate the bill Hold meetings with Cabinet to discuss and approve the bill 2. Enactment of relevant Legislation Publish copies of the draft for discussions in Parliament Hold meetings with Parliamentary Committees to Provisions of the Act are consistent with the Constitution Provisions of the Act are consistent with the Constitution Provisions of the Act are consistent with the Constitution Senate 45 Attorney-General 46 Ministry of Justice, National 47 Treasury 48 Cabinet Office 49 Ministry of Immigration Senate 50 Attorney-General 51 Ministry of Justice, National 52 Treasury 53 Cabinet Office 54 Ministry of Immigration Senate 55 Attorney-General 56 Ministry of Justice, National 57 Treasury 58 Cabinet Office 59 Interim Independent Electoral 46
Review of the Armed Forced Act, Cap 199 Facilitate a stakeholder forum to review the Act and develop draft Bill Hold technical review seminars to review the draft bill Hold a stakeholder workshop to validate the bill Hold meetings with Cabinet to discuss and approve the bill 2. Enactment of relevant Legislation Publish copies of the draft for discussions in Parliament Hold meetings with Parliamentary Committees to Review of the Magistrate s Court Act, Cap 10 Facilitate a stakeholder forum to review the Act and develop draft Bill Hold technical review seminars to review the draft bill Hold a stakeholder workshop to validate the bill Hold meetings with Cabinet to discuss and approve the bill Provisions of the Act are consistent with the Constitution Provisions of the Act are consistent with the Constitution Ministry of Justice, National Kenya Law Reform Ministry of Defence Judiciary Senate 60 Attorney-General 61 Ministry of Justice, National 62 Treasury 63 Cabinet Office 2. Enactment of relevant Legislation Publish copies of the draft for discussions in Parliament Hold meetings with Parliamentary Committees to 47