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"content": "Mr. Speaker, Sir, I beg to move the following Motion:- THAT, pursuant to provisions of Section 8 (6) of the Commission for the Implementation of the Constitution Act, 2010, this House adopts the Report of the Departmental Committee on Justice and Legal Affairs on the appointment of the Chairperson and Members of the Commission for the Implementation of the Constitution laid on the Table of the House on Thursday, November 25, 2010. Mr. Speaker, Sir, this Report has been prepared by the Departmental Committee on Justice and Legal Affairs which draws its mandate from Standing Order No. 198 (3) that hands this Committee mandate to consider issues of constitutional affairs, administration of law and order, public prosecutions, elections, integrity, anti-corruption and human rights. This Report is specifically with regard to the establishment of the Commission for the Implementation of the Constitution, a constitutional commission established under Article 5 of the Sixth Schedule to the Constitution and, similarly, enacted further in the Commission for the Implementation of the Constitution Act of 2010. Mr. Speaker, Sir, in considering this matter which came to the Committee by a letter Reference No. OP/CAB27/1/2 dated the 23rd day of November, 2010, from His Excellency the President, having consulted the Rt. Hon. Prime Minister--- That letter did forward to the Committee, the names of the following persons for consideration for nomination to this Commission. The name of Mr. Charles Nyachae, nominated for the position of the Chair of this Commission; the names of Mr. Peter Wanyande, Dr. Ibrahim Ali, Dr. Elizabeth Muli, Dr. Florence Omosa, Ms. Catherine Muma, Mr. Kamotho Waiganjo, Mr. Philemon Mwaisaka Wawaka and Mr. Kibaya Imaana Laibuta. Upon receipt of these names, the Committee held a meeting today, 25th November, 2010, to consider these nominees to the Commission for the Implementation of the Constitution (CIC) in compliance with the Constitution that requires nominees to this Commission to be approved by the House. Mr. Speaker, Sir, the Committee wishes to thank the Office of the Speaker and the Clerk of the National Assembly for the support executed to it in the execution of this mandate. Therefore, it is my pleasant duty and privilege, on behalf of the Departmental Committee on Justice and Legal Affairs, to present and recommend this Report to the House for adoption, pursuant to Standing Order No. 181. Mr. Speaker, Sir, let me set off by providing some background to the House in respect of this Report. The CIC is established by Article 5 of the Sixth Schedule to the Constitution and has further statutory anchorage in the Commission for the Implementation of the Constitution Act, 2010. The said Article 5 of the Sixth Schedule to the Constitution, as read together with Section 4 of the Act provides for the functions of the Commission as being to: One, to monitor, facilitate and oversee the development of legislation and administrative procedures required to implement this Constitution. Two, to co-ordinate with the Attorney-General and the Kenya Law Reform Commission in preparing for tabling in Parliament, the legislation required to implement the Constitution. Three, to work with each constitutional commission, to ensure that the letter and spirit of the Constitution is respected."
}