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Sixth Schedule - Transitional and consequential provisions
Sixth Schedule - Transitional and consequential provisions

Part 1—General



Interpretation
     1.      In this Schedule, unless the context requires otherwise--
                  (a)   “Boundaries Commission” means Interim Independent Boundaries Commission;                       
                  (b)“Electoral Commission” means Interim Independent  Electoral Commission;
                  (c)   “former Constitution” means the Constitution in force before this Constitution came into force.



Suspension of provisions of this Constitution
     2.    (1)    The following provisions of this Constitution are suspended until the final announcement of all the results of the first elections for Parliament under this Constitution--
                  (a)   Chapter Seven, except that the provisions of the Chapter shall apply to the first general elections under this Constitution.
                  (b)   Chapter Eight, except that the provisions of the Chapter relating to the election of the National Assembly and the Senate shall apply to the first general elections under this Constitution; and
                  (c)   Articles 129 to 155 of Chapter Nine, except that the provisions of the Chapter relating to the election of the President shall apply to the first general elections under this Constitution.
           (2) The provisions of this Constitution relating to devolved government, including Article 187, are suspended until the date of the first elections for county assemblies and governors held under this Constitution.                  
           (3) Despite subsection (2)--
                (a)    elections for county assemblies and governors shall be held in accordance with Articles 177 and 180 of this Constitution; and
                (b)    the laws relating to devolved government, required by this Schedule and Chapters Eleven and Twelve of this Constitution, shall be enacted within the period stipulated in the Fifth Schedule.               
           (4)Article 62 (2) and (3) is suspended until the National Land  Commission is established.



Extension of application of provisions of the former constitution
     3.    (1)  Until Parliament passes the Act anticipated in Articles 15 and 18, section 93 of the former Constitution continues to apply.
           (2)  Sections 30 to 40, 43 to 46 and 48 to 58 of the former Constitution, the provisions of the former Constitution concerning the executive, and the National Accord and Reconciliation Act, 2008 (No.4 of 2008) shall continue to operate until the first general elections held under this Constitution, but the provisions of this Constitution concerning the system of elections, eligibility for election and the electoral process shall apply to that election.
           (3)  Until the National Police Service Commission referred to in Article 246 is established, section 108(2) of the former Constitution applies to appointments, discipline and the removal of persons from office in the National Police Service.



Parliamentary Select Committee
     4.    There shall be a select committee of the National Assembly to be known as the Constitutional Implementation Oversight Committee which shall be responsible for overseeing the implementation of this Constitution and which, among other things –
                (a)    shall receive regular reports from the Commission on the Implementation of the Constitution on the implementation of this Constitution including reports concerning--
                           (i)      the preparation of the legislation required by this Constitution and any challenges in that regard;
                         (ii)    the process of establishing the new commissions;
                       (iii)     the process of establishing the infrastructure necessary for the proper operation of each county including progress on locating offices and assemblies and establishment and transfers of staff;
                        (iv)     the devolution of powers and functions to the counties under the legislation contemplated in section 15 of this Schedule;
                                 and
                         (v)     any impediments to the process of implementing this Constitution;
               (b)   coordinate with the Attorney-General, the Commission on the Implementation of the Constitution and relevant parliamentary committees to ensure the timely introduction and passage of the legislation required by       this Constitution; and
               (c)   take appropriate action on the reports including addressing any problems in the implementation of this Constitution.



Commission for the Implementation of the Constitution
   5.    (1)   There is established the Commission for the Implementation of the Constitution.
         (2)   The Commission consists of--
               (a)   a chairperson; and
               (b)   eight other members.
         (3) The members of the Commission shall--
               (a) include persons with experience in public administration, human rights and government; and
               (b) not include any person who served as a member of the Committee of Experts appointed under the Constitution of Kenya Review Act, 2008.
         (4)   Articles 248 to 254 apply to the Commission.
         (5)    After the Commission on Revenue Allocation has been established, the Commission for the Implementation of the Constitution shall send a notice of its meetings to that Commission, and a member of the Commission on Revenue Allocation shall be permitted to attend and participate in any  such meeting, but shall not vote.
(6) The functions of the Commission shall be to--
    (a)   monitor, facilitate and oversee the development of legislation and administrative procedures required to implement this Constitution;
    (b)   co-ordinate with the Attorney-General and the Kenya Law Reform Commission in preparing, for tabling in Parliament, the legislation required to implement this Constitution;
    (c)   report regularly to the Constitutional Implementation Oversight Committee on--
              (i)      progress in the implementation of this
                       Constitution; and
             (ii)      any impediments to its implementation; and
    (d)   work with each constitutional commission to ensure that the letter and spirit of this Constitution is respected.
(7) The Commission for the Implementation of the Constitution shall stand dissolved five years after it is established or at the full implementation of this Constitution as determined by Parliament, whichever is sooner, but the National Assembly may, by resolution, extend its life.






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