Extending the Term of Transition Authority Unconstitutional

The Coalition for Constitution Implementation Kenya (CCI Kenya) oppose the proposal by the Devolution CS Mwangi Kiunjuri to extend the term of the Transition Authority (TA) by one year and is terming it unconstitutional. ​

CCI Kenya draws the attention of the CS Devolution to Article 15 of the Sixth Schedule of the Constitution of Kenya that states that the TA was to ensure Phased Transfer of functions from National to County Government for a period not more than three years after the first general election.

Furthermore Section 37 of the Transition to Devolved Government Act 2012 is very clear that the Transition Authority shall stand dissolved three years after
the first general elections under the Constitution of Kenya and that  upon the dissolution of the Transition Authority the Act shall lapse meaning the staff of TA shall cease to be in office.

The Act further states that the TA within three years after the first general election should ensure that its affairs are wound up in an orderly manner and, in particular should ensure that those aspects of its work that will be of value to other institutions are preserved, documented and transferred to the relevant institution; and its files and records are preserved and transferred to the National and County Governments Coordinating Summit. Only the TA Secretary and staff may remain for a further period of thirty days upon dissolution only for the purposes of winding up the affairs of the TA.

In this respect the CCI Kenya Cautions the Devolution CS Mwangi Kiunjuri not to extend the term of the TA unconstitutionally as he is obligated by the Article 3 of the Constitution of Kenya to Respect, Uphold and Defend the Constitution and he risks being prosecuted for contempt of the Constitution. Furthermore extending the term of the TA will affect the Governance Structure of the Devolved Government and shall require a referendum as per Article 255 of the Constitution of Kenya 2010 as extending the term of TA is tantamount to amending the Constitution of Kenya 2010.

Sincerely

Cidi Otieno

Convener CCI Kenya
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