Nyachae calls on Kenyans to rally behind amendment
By Evans Nyakundi, August 27, 2020East African Court of Justice judge Charles Nyachae yesterday asked Kenyans to rally behind efforts to amend the 2010 Constitution to correct any gaps in the document and address emerging issues in its implementation.
Nyachae, who is based at at the Arusha-based court, chaired the Constitution Implementation Commission (CIC) that monitored the roll-out of the document.
Nyachae, who cited devolution as one of the major gains of the Constitution, lauded implementation of the initial articles of the document that restored power to the people as well as public participation in decision-making.
“The Constitution may have some problems because it was drafted human beings who are bound to make mistakes.
This constitution formed the basis of a new beginning and therefore we should accept changes in a bid to address any oversights.”
He also said the Constitution could not be implemented fully because of political challenges.
“Although the constitution is a legal document, it must operate under a political and social environment,” he told a local vernacular station.
Besides chairing the commission, he was instrumental in the push for constitutional reforms while he served as the secretary of the Kenyan Chapter of International Commission of Jurists (ICJ).
Don’t blame governors
Charles could issue statements critical of the Kanu regime which his father Simeon Nyachae served in the powerful position as Chief Secretary.
In an interview, he said: “Articles 1,2,4 and 10 are the most important changes our country has gone through from the past experience to the present one”.
Article 1 gives all the sovereign powers to the people of Kenya and which can only be exercised in accordance with the constitution.
“Under Article 2, no person may claim or exercise state authority except as authorised under the law.”
Nyachae asked Kenyans to rise up and defend the Constitution as they have been empowered to do so through Article 3 which states “Every person has an obligation to respect, uphold and defend the Constitution”.
Nyachae absolved founder governors of blame for challenges in implementation of devolution.
“Do not blame the first governors because they came into institutions which had no structures.
That does not mean that they should not be held responsible for the messes they have committed.”
On revenue allocation, Nyachae said devolution was calculated to disperse resources to regions.
“In my opinion those counties which have not been developed fully should be opened up by being given more funds for development “ he said.
He rejected the arguments by a section of senators that population should be the major consideration in allocation of resources.