What is the Supporting the Kenya Constitutional Implementation Process Program?
Supporting the Kenya Constitutional Implementation Process is a partnership between USAID and the International Development Law Organization (IDLO) to assist the Government of Kenya to develop the comprehensive laws and policies required under the new Constitution.
Project Duration and Budget
June 2011 – December 2013
Who implements the Supporting the Kenya Constitutional Implementation Process Program?
International Development Law Organization (IDLO)
Where does the Program work?
What does the Supporting the Kenya Constitutional Implementation Process Program do?
The program provides technical support to the agencies responsible for preparing and reviewing legislation required by the Constitution Kenya's adopted in August 2010. The program works with the Kenya Law Reform Commission, the Attorney General’s Office, and the Commission for the Implementation of the Constitution. It provides training in legislative drafting and has assisted in the development of a legislative drafting manual specific to the Kenyan Constitution.
The programs supports the Kenya Law Reform Commission to conduct public communication campaigns to educate and inform the public on various proposed laws and organizes stakeholder forums that will ensure civil society organizations actively participate in, and contribute to, the legislation-making process.
The program supports Kenya's Commission for the Implementation of the Constitution Kenya in eight key areas: stakeholder engagement; sector-based approaches; advisory opinions; judicial intervention; public participation; collaborative arrangements with other partners such as constitutional commissions and independent public offices; comparative analysis; and, incorporation of international best practices and monitoring and reporting.
How is the Supporting the Kenya Constitutional Implementation Process Program making a difference?
The program has increased capacity within the government to undertake legal research and legislative drafting. Parliament achieved a key milestone by passing all pieces of reform legislation outlined in the Constitution.
Significant inconsistencies and ‘gaps’ were identified in the existing legislative framework which, if implemented as is, will achieve only partial implementation of the Constitution. It is on this basis that Program recommended the enactment of an Amendment Bill to address identified legislation and policy shortfalls.
In developing a Devolution Monitoring Framework Tool for the Commission for the Implementation of the Constitution, the Program identified six critical pillars upon which successful transition to devolved government would rest: functional assignment; capacity building of devolved government; financing county operations; service delivery; public participation; and, intergovernmental relations and conflict resolution.
What are the challenges to Supporting the Kenya Constitutional Implementation Process?
Delay in operationalizing constitutional commissions established under Chapter Fifteen has affected implementation of the Constitution. For example, the delay in appointment of members of the Independent Policing Oversight Authority has affected progress in police reforms. The delay in appointment of members of the Ethics and Anti-Corruption Commission has been affected the Ethics Commission’s operations. The challenges in the appointments range from failure to attain the constitutional requirement of gender balance, to lack of consultation between the appointing authorities and stakeholders, to challenging the appointment of some candidates in court.
Old habits continue to undermine stringent measures to build a political culture that deindividualises political parties and respects the rule of law. Amendments introduced to the Elections Act and the Political Parties Act to serve sectarian interests have clawed back an originally rigorous election law regime. Although the laws stipulate that parties should demonstrate a national character, ethnic zoning and regional alliances continue to create cleavages that the amended law was intended to address.
For more information:
John Smith-Sreen, Director,
Office of Democracy, Rights and Governance USAID/Kenya
Tel: +254 (0)20 862 2000
Program Management Specialist
Tel: +254 (0)20 862 2000
Field Program Manager
International Law Development Institute (IDLO)
Tel: +254 (0)20 266 4037
Updated March 2013
Last updated: June 17, 2013