Faces behind Kenya law review process

If Kenya gets a new constitution, it will be because of the millions of voters who took part in the referendum on Wednesday.

However, the following nine prominent persons will also share the credit for making the vote possible. Some of them will continue to play key roles in the implementation of the document, if it passes.

Mohammed Abdikadir – Chairman, Parliamentary Select Committee on Constitutional Review

The Mandera Central MP had the challenging task of leading 26 of his colleagues to a consensus on the draft constitution. The first half of the review period was dogged by a few controversies, though most decisions were reached through consensus. Mr Abdikadir has expertly and delicately handled the competing interests on the draft in and outside Parliament lest they scuttle the process. His committee will play a key role in the implementation of the draft if it passes.

Nzamba Kitonga – Chairman, Committee of Experts on Constitutional Review

Mr Kitonga and eight other experts were mandated to prepare a harmonised draft constitution from previous drafts. The team released their first draft to the PSC and Parliament last November. The team also resisted external forces and remained true to their mandate, capping it up all with civic education on the draft.

Kenneth Marende – National Assembly Speaker

He ensured that debate in the House was objective and fair. Throughout the debate the former Emuhaya MP provided outstanding and non-partisan leadership in Parliament. If Kenyans endorse the proposed laws, the Speaker will be tasked with getting Parliament to amend laws that will enact the new constitution.

Issack Hassan – Chairman, Interim Independent Electoral Commission
Mr Hassan leads a team of eight commissioners charged with delivering electoral reforms. With a mandate expiring in mid-2011, Mr Hassan will ensure the country goes to the next elections with a “reliable and transparent” electoral system. He also oversaw fresh registration of voters and the referendum.

Mr Amos Wako – Attorney General

As the government’s chief legal adviser, Mr Wako will be at the centre of reforms to effect the new constitution. The AG will be instrumental in the introduction of Bills on the reform process. Key among the expectations is the institutionalisation of the Witness Protection Programme as the country prepares for the possible trial of post-election violence suspects at The Hague. The country has a Witness Protection Act but the AG’s office is to table amendments to strengthen the yet to be established Witness Protection Unit. Recently, Mr Wako was banned from travelling to the United States allegedly for hindering reforms. It remains to be seen how the ban will affect his work, given the donor support and interest in the reform agenda.

Kofi Annan – Chairman, Panel of Eminent African Personalities

The former UN secretary general is credited with making President Kibaki and Prime Minister Raila Odinga agree to a coalition government, ending the political unrest sparked by the 2007 elections. The team recommended several measures to address governance and political challenges blamed for the violence. The so-called Agenda 4 commissions, and Wednesday’s referendum on the constitution, are among the measures put in place to enable the country break with a chaotic past. The panel has been making quarterly progress reports on the reform process, and every time there is a problem in the coalition the country looks to Annan for mediation.

Mutula Kilonzo – Minister for Justice and Constitutional Affairs
As the minister in charge of constitutional matters, Mr Kilonzo has been part of the team running the review process. And his hands will get fuller with the passing of the new constitution.

Martha Karua – Former minister for Justice and Constitutional Affairs

Even after resigning from government, the Gichugu MP has remained a vocal advocate for a new constitution. She was also a member of the Serena team that came up with the reform agenda, which included the constitutional review.

Danson Mungatana – Leader, Parliamentary Caucus on Reforms

The Garsen MP has been leading Back-bench MPs pushing for reforms. If the new law passes, the lobby will play a key role in ensuring Parliament enacts enabling legislation.