Bills and ACTs 2013

Several key constitutional bills were developed and several over-arching policies reviewed to meet the new government dispensation. Towards this, the CIC engaged several relevant ministries, departments and state agencies for purposes of identifying, prioritizing, developing and reviewing of legislation and policies.

In the period the following legislations were passed among others; the National Police Service (Amendment) Bill, the Constitution of Kenya (Amendment) Bill, 2013, the Marriage Bill, the National Police Service Commission (amendment) bill, 2013. The following were enacted: Constituencies Development Fund Act, The County Governments Public Finance Management Transition Act, 2013, The Statute Law (Miscellaneous Amendments) Act, 2012, The County Governments Public Finance Management Transition Act, 2013, The National Government Co-ordination Act, 2013, The National Government Co-ordination Act, 2013, The Kenya Citizenship and Immigration Act, 2011. In terms of entrenching affirmative action in the country’s institutions, Centre for Rights Education and Awareness (CREAW) a member of CRECO placed a case before the Supreme Court on the gender rule. The case was heard on 11th December 2012 and it was ruled that it was hard for the provision to be implemented as provided for in the Constitution but to ensure the same was done it would be achieved progressively. Attorney-General Githu Muigai had told the Supreme Court that his office was unable to come up a way of effecting affirmative action in the National Assembly and the Senate, and that the court was the final determinant on how to achieve the gender balance. The decision by the Supreme Court was a blow to women all over Kenya, as the decision to entrench affirmative action was left to subsequent institutions to implement the same without there being a decisive or clear way on how the same would be achieved.

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