Thank the Transition Clauses for Your Existence


Our politicians never cease to amaze me. I think they are the most ignorant bunch of Kenyans that we have presently. Watching them on TV last night and reading the papers today left me wondering whether they even deserve to be making our laws.

For instance one of them confidently states that Francis Muthaura is part of the Public Service Commission and that is the reason why it should be reconstituted. Leaves you wondering if the guy is even aware of what he is debating about.

I have watched the debate on the Public Service Commission initiated by the Prime Minister with amazement. If the New Constitution required that we reconstitute everything, it would have, in the transition clauses, expressly stated so as it did for the Judicial Service Commission, the State Law Office and the Budget Office.

I am tempted to believe Mr Odinga’s statement was more political and not based on any fact or legal basis. Why wasn’t the demand made when the PSC was recruiting members to the Commission on the Implementation of the Constitution and the Commission on Revenue Allocation.

We all know what reconstituting the PSC means under the Grand Coalition. It means sharing out the PSC positions between ODM and PNU.

It should be instructive to politicians that they are holding on to their offices by the virtue of the transition clauses. It protects them from ouster before the end of their terms based on the provisions of the new law.

Article 31(1) of the Sixth Schedule states: “Unless this Schedule provides otherwise, a person who immediately before the effective date, held or was acting in an office established by the former Constitution shall on the effective date continue to hold or act in that office under this Constitution for the unexpired period, if any, of the term of the person.”

It’s therefore ridiculous for anyone to demand that someone leaves a Constitutional office yet they enjoy the same protection. It would be ridiculous for us to imagine that we can dismantle a whole government in the quest for change.

How many MPs including the PM and the President would retain their positions if we were to immediately enact the provisions of Chapter Six on Leadership and Integrity?

Politicians should stop behaving like they are better placed to tell other when they can be in office or what office they can hold when it suits them.

The current Commission members were appointed in line with Section 106 of the old Constitution by the President and enjoy security of tenure. They are to serve for a term of 3 years but the law is silent on whether their terms are renewable.

The PSC chairman was appointed in July 2005 and his term extended in 2008. His term will therefore come to an end in July this year. So why is anyone in a hurry to stop the PSC from doing its job just because they want specific people appointed in some positions.

We all know what reconstituting the PSC means under the Grand Coalition. It means sharing out the PSC positions between ODM and PNU.

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2 thoughts on “Thank the Transition Clauses for Your Existence

  1. Pingback: Kibaki vs Raila: Who is Fooling Who? « Oliver's Island

  2. I agree with you on this one. Why don’t the politicuans take time to read the constitution well before calling for a Press Conference? Maybe they need to go to KIA for a crash course on what the katiba is all about.

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