It's decision time for Kenya

“Under the National Accord, the two principals run the government hand in hand, yet one takes oath and the other doesn’t, this is a constitutional crisis.”

But Committee of Experts director Ekuru Aukot does not think that the omission will have any major effect since the National Accord and Reconciliation Act which created the offices of Prime Minister and two deputies will remain in force under a new constitution until 2012 or the next General Election, whichever comes earlier.

The vice-chairman of the Parliamentary Select Committee on the Constitution Ababu Namwamba also thinks that there is no cause for worry.

“That is not a problem. Any office that existed will continue to exist, unless otherwise stated, for the rest of the life of this Parliament. The lawyers (who are saying otherwise) are splitting hairs.”

On Mon, the special court set up to resolve disputes on the proposed constitution is expected to deliver judgment on how the PM may take his oath of office.

But the real spadework will rest with Parliament. House Speaker Marende acknowledges that Parliament has a formidable task ahead.

“It will be incumbent upon Parliament to operalitionalise the new constitution by enacting various enabling statutes. Among them (is) the Commission on implementation  of the Constitution. Parliament has a heavy load which I expect MPs to surmount,” Mr Marende said.

“Parliament will be enacting over 70 pieces of legislation and Acts which is not an easy task, but we are up to it,” he said.

What if ‘No’ were to win?

“Kenyans will be so fatigued, and it may take several generations to take another shot. All the signs are pointing to an overwhelming victory. A constitution is about how a country is governed and how people enjoy their freedoms, and that is well laid out in this constitution. The rest escorts the real deal,” Mr Namwamba said.