Thursday, 22 May, 2025
CIOC reviews mandates and challenges facing Kenya’s Constitutional Commissions and Independent Offices
Wednesday, 21st May, 2025Mombasa County
The Constitutional Implementation Oversight Committee (CIOC), Chaired by Hon. Karemba Muchangi, has embarked on a comprehensive review of the mandates, constraints, and operational hurdles facing Kenya’s Constitutional Commissions and Independent Offices (CCIOs).
This took place on Wednesday during a capacity-building session aimed at bolstering good governance and reinforcing accountability structures across the country.
The capacity building programme was organized by the National assembly in collaboration with the Centre for Parliamentary Studies and Training (CPST), which is Parliaments premier training institution.
"It is critical to share technical knowledge touching on our technical areas of service delivery. This engagement has refreshed our minds on the heavy task before us in effective service delivery", said Prof. Nyokabi
The session provided a critical platform for Committee Members to examine the legal and constitutional parameters within which CCIOs operate. During the engagement, the Committee observed the need for the institutions to adhere to established mechanisms of operation.
“While these bodies are independent and free from external control, the Committee emphasized that they must still function within the confines of the Constitution and the laws that establish them”, noted the Chairperson of the Committee, Hon. Karemba Muchangi.
Among the institutions that featured prominently in the discussions were the National Land Commission (NLC) and the Ethics and Anti-Corruption Commission (EACC).
Members reflected on the persistent tensions between the NLC and the Ministry of Lands—particularly regarding administrative access and the enforcement of statutory mandates.
It was established that previously tension existed as a result of Parliament declining to extend the NLC’s role in addressing historical land injustices. The Supreme Court has since weighed in, affirming that the NLC’s authority stems from both the Constitution and enabling legislation.
However, it was further noted that amendments to the Land Act have significantly reshaped some of its responsibilities, prompting further debate on the scope and impact of such legislative changes. The review also looked into the effects of leadership transitions on institutional performance.
Members examined how different leadership styles, including that of former EACC Chair Dr. PLO Lumumba, have influenced the Commission’s impact. Some legislative amendments, the committee noted, have either strengthened or diluted the effectiveness of these institutions over time.
Oversight mechanisms were also on the table, including Parliament’s constitutional mandate under Article 94 to oversee these bodies and amend their enabling laws. While this is crucial for accountability, members warned that some amendments might inadvertently weaken the autonomy and effectiveness of CCIOs.
“The Committee will come up with a Criminal Investigators Bill that will provide guidelines on how to conduct criminal investigations,” said Hon. Caroli Omondi, reinforcing the committee’s intent to clarify operational procedures and safeguard institutional integrity. Judicial oversight also featured in the discussion, with members acknowledging that CCIO decisions remain subject to review and appeal, providing a necessary layer of checks and balances.
Committee Members stressed the importance of using CCIO’s - generated reports to drive civic education and improve public accountability.
They also advocated for transparent, Parliament-approved funding models to ensure the financial independence and long-term viability of these institutions.
The National Assembly’s CIOC reaffirmed its commitment to safeguarding the independence, efficiency, and transparency of constitutional bodies. Members called for stronger legislative frameworks, heightened public awareness, and sufficient funding to ensure that CCIOs remain effective champions of accountability, good governance, and the rule of law.
The committee further proposed several key interventions including: reviewing Standing Orders to formally bring CCIOs under CIOC's oversight mandate; developing a structured work plan for systematic engagement with constitutional bodies; addressing urgent governance matters such as the two-thirds gender rule implementation and boundaries review; creating standardized reporting templates for CCIOs; and establishing statutory protections for CCIO funding to safeguard their financial autonomy.
These measures the Committee indicated that aimed at strengthening Kenya's governance framework while maintaining the delicate balance between oversight and institutional independence