CIC Kenya Visits the Court

Six persons of delegation Commission for the Implementation of the Constitution (CIC) of the Republic of Kenya visit the Constitutional Court of Republic of Indonesia (MKRI), Tuesday (20/3). The delegation headed by Elizabeth Muli as Vice Chairman (Vice Chairperson) CIC is accompanied Komotho Waiganjo (commissioner), Kibaya Laibuta (commissioner), Doreen Muthaura (researcher), Mary Goretti Orwa (researcher), and Isaac Mugambi (Personal Assistant).

Purpose of the Kenya delegation visit to the Constitutional Court is to determine how the constitution and constitutional court run in Indonesia. Moreover, Indonesia has a Constitutional Court (constitutional court) that the delegation could provide examples or lessons can be learned and applied in Kenya who also has a body like the MKRI.

As developing countries, Indonesia and Kenya have some similarities related to legal reform, namely the constitutional amendment. In Kenya, according to Elizabeth, it also has gone through the process of constitutional amendment."Indonesia is a constitutional amendment, as well as Kenya. Scheduled later in the year 2013 is also the general election. So here we have the opportunity to ask what can be implemented from the Constitutional Court in Indonesia to Kenya, "said Elizabeth explained the background of their visit.

Constitutional Justice Muhammad Alim and Harjono at the same time discussing the constitutional judiciary in Indonesia and Kenya. Harjono and Alim also accompanied by the Secretary-General Janedjri M. Gaffar, who helped answer questions posed Kenya delegation.

Starting explanation, Harjono said that judges on the MKRI constitution consist of nine people. However, Harjono apologized for the constitution of the other judges can not welcome their visits because they were undergoing other tasks.

Harjono continued, after the third amendment made MKRI ultimately stands on August 13, 2003. The Court was authorized to conduct testing of the laws that are contrary to the 1945 Constitution. Until the year to stand MK-8, the Court already has four of authority and an obligation mandated by the 1945 Constitution.

The fourth authority, namely, hear at the first and last decision is final for the test of the 1945 Act, the authority to decide disputes of state institutions whose authorities are granted by the 1945 Constitution, to decide the dissolution of political parties, election results and decide disputes. The obligation of the Court held, that a decision against the opinion of the House of Representatives regarding the alleged violation of law committed by the president and vice president of the 1945 Constitution.

"So the Court will decide only whether the president and the vice president was found to have violated the law and the constitution or not. While the president or vice president decided to step down from his position remains the House of Representatives, "said Harjono describes the obligations of the Court using the English language is translated by the editors.

Related to the number of judges constitution and composition, Harjono revealed that the three judges constitution proposed by the president, the other three proposed by the Supreme Court (MA), and the last three proposed by the House. Composition of the constitutional justice is described Harjono intended to maintain the independence of the Constitutional Court and the Court away from the other party intervention. "The mechanism of selection of judges of this constitution which guarantees the Court is free from any party intervention," said Harjono.

In addition to speaking on the history, functions, and authority of the Constitutional Court, the Kenya delegation also had asked the litigants and the related administrative procedures in the Court proceedings. In fact, the delegates were asked administrative issues such as budgetary resources in the Constitutional Court and the remuneration system for civil Court. All of the questions asked by the delegation met with Kenya and finished by Harjono Alim. Janedjri who accompanied them also often add a relevant answer of General Secretariat and Registrar of the Court.

At the end, the delegation would like to thank Kenya for Harjono, Alim, and Janedjri already "serve" their curiosity. (Yusti Nurul Agustin / mh/Yazid.tr)