Charles Nyachae: Parliament to blame for failed implementation of 2010 Constitution

Lawyer Charles Nyachae now says the Parliament is to blame for the failed implementation.

Appearing before IEBC’s selection panel vetting for the position of the commission’s chairperson, Nyachae said it is regrettable that the resistance by the National Assembly had left gaps in the constitutional reform process.

The former Chairman of the Commission for the Implementation of the Constitution (CIC) told the panel that despite the commission’s efforts to guide the transition into Kenya’s 2010 Constitution, some of the most critical laws were either watered down or stalled by political interests.

"While we wrote most of these laws, one or two of them fell short of the mark, not because of our failure, but because of the process they had to go through. By the time they got to Parliament, they were significantly weakened," said Mr Nyachae.

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One of the most glaring examples, according to Nyachae, was the implementation of Chapter Six of the Constitution, which was meant to enforce leadership integrity.

"By the time it left CIC, it was robust. But between Parliament and the Executive, it was watered down, leaving loopholes that persist to date," he explained.

Nyachae also pointed to the failure to fully implement the campaign finance law, which was initially passed but later suspended by Parliament.

"This law was meant to ensure fair political competition and reduce corruption in elections. Instead, Parliament blocked its enforcement, and to this day, its intent remains unfulfilled," he added.

Another significant shortfall was the failure to implement the two-thirds gender rule, despite clear constitutional provisions.

"We take the blame for not resolving this issue fully, but ultimately, it was Parliament’s responsibility to enact the necessary laws. The commission had an option to extend its tenure or designate another body, such as the Law Society of Kenya, to continue reviewing the gaps. Parliament chose neither," he lamented.

Nyachae, who also served as a judge in the East African Court of Justice before moving into private consultancy, believes that Kenya is still grappling with the consequences of these failures.

"The country is suffering today because some of these laws were resisted. We worked well with stakeholders to draft them, but implementation requires political goodwill—and that was missing in key moments," he said.

Now serving as the chair of the Kenya School of Government Council, Nyachae has indicated he is willing to step down if required. Reflecting on his three-decade legal career, he remains convinced that constitutional implementation is a long-term process but warns that without political will, many of the aspirations of the 2010 Constitution may remain unfulfilled.

Nyachae is among the 11 candidates shortlisted for the electoral agency chair job and will be interviewed to assess his suitability in the exercise slated to start on Monday, March 24, 2025.

Others include former Judiciary Chief Registrar Anne Amadi, Abdulqadir Lorot Ramadhan, Edward Katama Ngeywa, Erastus Edung Ethekon, Francis Kakai Kissinger, Joy Brenda Masinde-Mdivo, Jacob Ngwele Muvengei, Lilian Wanjiku Manegene, Robert Akumu Asembo, and Saul Simiyu Wasilwa