Proposal to extend Transition Authority’s term faces opposition

The proposal by the newly appointed Devolution and Planning Cabinet Secretary Mwangi Kiunjuri to extend the term of the Transition Authority (TA) by one year has faced strong opposition from the Coalition for Constitution Implementation Kenya (CCI-Kenya).
In a letter by its convener Cidi Otieno, CCI-Kenya argues that by extending the term of the Transition Authority, the government will be acting contrary to Article 15 of the Sixth Schedule of the Constitution of Kenya 2010.

Article 15 (1) states: “Parliament shall, by legislation, make provision for the phased transfer, over a period of not more than three years from the date of the first election of county assemblies, from the national government to county governments of the functions assigned to them under Article 185.”

CCI-Kenya further stated: “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 Elections 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,” read the statement in part.
“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.”

On Thursday, CS Kiunjuri proposed that the term of Transition Authority be extended for one year whereas TA wants the term extended by three years.