from Evans MACHERA
Given Chapter 18,the implication is that come 5th august,the proposed law will have been ratified by the Kenyans voters in the scheduled 4th referendum.
Our parliamentarians shall be duty bound to enact laws ( Acts of parliament) for the purpose of enforcement of this constitution on matters that affect Kenyans. The parliamentarians will need a time frame for the purpose of making the said laws and that time frame must not exceed one year.However,various areas on Kenyans interests will need longer periods than others.
The period of transition from the current constitution which we are unanimously in agreement to abandon by 4th august shall be fourteen days.The Attorney General will publish the same without amendments and the president append his signature.
The current government and office holders will continue pursuing their office duties as the implementation of new laws and structuring of the government takes shape in a period of about 5 years.
The current constitution stands repealed as the new one takes over to oversee the people of Kenya in the 21st century, a century of change.
CHAPTER EIGHTEEN
TRANSITIONAL AND CONSEQUENTIAL PROVISIONS
Consequential legislation
261. (1) Parliament shall enact any legislation required by this Constitution to be
enacted to govern a particular matter within the period specified in the
Fifth Schedule, commencing on the effective date.
(2) Despite clause (1), the National Assembly may, by resolution supported
by the votes of at least two-thirds of all the members of the National
Assembly, extend the period prescribed in respect of any particular
matter under clause (1), by a period not exceeding one year.
(3) The power of the National Assembly contemplated under clause (2),
may be exercised—
(a) only once in respect of any particular matter; and
(b) only in exceptional circumstances to be certified by the Speaker
of the National Assembly.
(4) For the purposes of clause (1), the Attorney-General, in consultation
with the Commission for the Implementation of the Constitution, shall
prepare the relevant Bills for tabling before Parliament, as soon as
reasonably practicable, to enable Parliament to enact the legislation
within the period specified.
(5) If Parliament fails to enact any particular legislation within the
specified time, any person may petition the High Court on the matter.
(6) The High Court in determining a petition under clause (5) may—
(a) make a declaratory order on the matter; and
(b) transmit an order directing Parliament and the Attorney-General
to take steps to ensure that the required legislation is enacted,
within the period specified in the order, and to report the progress
to the Chief Justice.
(7) If Parliament fails to enact legislation in accordance with an order under
clause (6) (b), the Chief Justice shall advise the President to dissolve
Parliament and the President shall dissolve Parliament.
(8) If Parliament has been dissolved under clause (7), the new Parliament
shall enact the required legislation within the periods specified in the
Fifth Schedule beginning with the date of commencement of the term of
the new Parliament.
(9) If the new Parliament fails to enact legislation in accordance with
clause (8), the provisions of clauses (1) to (8) shall apply afresh.
Transitional and consequential provisions
262. The transitional and consequential provisions set out in the Sixth
Schedule shall take effect on the effective date.
Effective Date
263. This Constitution shall come into force on its promulgation by the President or on the expiry of a period of fourteen days from the date of the publication in the Gazette of the final result of the referendum ratifying this Constitution, whichever is the earlier.