Kenyans need more time to study draft: Group

• Period should be extended to three months, says Prof Ghai.

The civil society has said the time available for the public to scrutinise the new draft constitution is insufficient.

The former chairman of the Constitution of Kenya Review Commission Prof Yash Pal Ghai said Wednesday the period should be extended to three months.

“The civil society will need a little more time to educate the public so that it can be able to appreciate the impact and implications of the content in the draft,” Prof Ghai told a workshop by the civil society to disseminate 11 guiding principles that the public can use to gauge if the new draft meets acceptable universal standards.

The members of the civil society held their meeting at The Stanley Hotel, Nairobi under the aegis of the Constitution and Reform Education Consortium (Creco).

Creco Executive Director Kawive Wambua made similar remarks adding that Kenyans will need time to interrogate the draft and that within the one month period, Kenyans in some remote parts of the country will not have had sufficient time.

“It would take some time before citizens in the far-flung areas access a copy of the draft yet they will need equal time as those that access it the day it is released. That is why one month is not enough,” Mr Wambua said.

The executive director of the Release Political Prisoners Trust Stephen Musau assured Kenyans that under the coordination of Creco the civil society will hold regional forums to sensitise the public on those principles.

“These are the principles against which we can determine whether the proposed new constitution is what Kenyans really want or not,” said Mr Musau.

The principles include the requirement that all Kenyans, being equal, shall enjoy equal access and participation in all aspects of the constitution making process; the constitution shall secure gains already made in previous law review processes and that all actors of the review process shall work in a harmonious and complementary manner.

The other principles state that the constitution shall respect the diversity of the Kenyan people; it shall be founded on values like accountability, trust, integrity, equity, representation and inclusivity and that it shall promote national cohesion, dialogue and tolerance.

The constitution shall respect universal principles of all human rights and rule of law; ensure separation of power with adequate checks and balances and enhance fair and equitable distribution of national resources and opportunities.

The other two principles state that all aspects of implementing this new constitution shall be for the common good of the people of Kenya and that the new constitution shall be enacted by Kenyans and for prosperity.

Indeed, the provision for the referendum and a preamble, which enshrines the spirit of the constitution easily makes a reality this last principle, said Mr Wambua.

The civil society has also raised concern that the process could be disrupted since there are several commissions whose work and mandate is related to the constitution making process.

Mr Wambua, for instance, pointed to the pending referendum saying it might come at a time when most Kenyans will not have registered as voters.