Event Reports


Rule of Law and Governance in the New Constitutional Dispensation: Implications for the Kenya Public Service

The new Constitution explicitly espouses national values and principles of governance which are to be used as the basis of interpretation of law and of formulation and implementation of public policy decisions. These values and principles include the rule of law, democracy, good governance and respect for human rights among others. The Constitution also introduces new standards of leadership and integrity for public service, including ethics and etiquette.

This therefore presents a unique opportunity for reform of the Kenyan public service to become more service-oriented and adhere to professionalism and merit. Thus, effective implementation of the Constitution will require inter alia, a paradigm shift in the day-to-day functioning of the public service.

It is out of this realization that Konrad Adenauer Stiftung (KAS) under the auspices of its Rule of Law Program for Sub-Saharan Africa in conjunction with the Kenya School of Law (KSL) convened a two-day intensive training workshop for senior public servants on the theme Rule of Law and Governance in the New Constitutional Dispensation: Implications for the Kenya Public Service. The workshop took place from 3rd November 8:30 a.m. to 4th November 4:30 p.m. at the Simba Lodge in Naivasha, Kenya.

The training workshop aimed to sensitize key policy makers on the content and requirements of the new Constitution as relates to governance and public service delivery with a view to achieving the following objectives;

•Enhancing their capacity to determine the constitutionality of their administrative actions

•Enhancing their capacity to improve service delivery to the public

•Enhancing ethics, integrity, leadership and responsibility in governance processes

•Instilling a culture of constitutionalism and professionalism in the public service

•Reducing the potential for costly constitutional challenges to administrative actions

As key policy makers and implementers, it is crucial that public servants interpret laws and dispense their responsibilities in a manner that is in conformity with the Constitution which inter alia affirms the rule of law, good governance, integrity, transparency and accountability in governance as the basis for sustainable human development in Kenya.

The workshop brought together Permanent Secretaries and senior accounting officers from the various ministries in Kenya and was opened by Hon. Mutula Kilonzo, Minister for Justice, National Cohesion and Constitutional Affairs.

Key facilitators at the workshop included,

•Ambassador Francis Muthaura, the Head of the Civil Service, Permanent Secretary in the Office of the President and the Secretary – “Policy Implications on the Implementation of the New Constitution”

•Prof. Kivutha Kibwana, Advisor to the President on Constitutional, Parliamentary and Youth Affairs – “History of Constitution Making in Kenya”

•Prof. Migai Akech, Lecturer University of Nairobi – “Rule of Law and Governance issues in the New Constitutional Dispensation”

•Mrs. Florence Simbiri-Jaoko, Chair; Kenya National Commission on Human Rights – “Human Rights Based Approach to Development”

•Ms Atsango Chesoni, Executive Director, Kenya Human Rights Commission – “Impact of the Bill of Rights on the Public Service”

•Dr. Linda Musumba, Dean School of Law, Kenyatta University – “National Values in the New Constitutional Dispensation”

•Dr. Arbogast Akidiva, Principal Officer Education, Ethics and Anti-Corruption Commission -“Leadership and Integrity issues in the New Constitutional Dispensation”

•Mr. Kariithi Murimi, CEO JMG Solutions – “Impact of the Constitution on Quality of Service Delivery in the Public Service”, and

•Mr. Charles Nyachae, Chairperson, Commission for the Implementation of the Constitution “The Role of the Public Service in Constitutional Implementation”

Capacity Building Workshop for Permanent Secretaries

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