Minimum reforms bill ready, say churches

Protestant churches Wednesday said they have prepared a bill seeking to institute minimum reforms in the event that Kenya does not enact a new constitution.

The National Council of Churches of Kenya will seek to sponsor the bill, which among other things proposes a radical surgery of the Judiciary.

NCCK secretary general Rev Peter Karanja said that their bill should, however, not be seen as an alternative to a new constitution.
“We are keen to work with all stakeholders to build consensus on all contentious issues to pave way for the enactment of a new constitution which fulfils the dreams and aspirations of all Kenyans,” said Rev Karanja.

“NCCK takes cognisance of the fact that there are various hurdles facing the constitution review process that could give rise to a draft that fails to get wide acceptance.”

NCCK noted that this was the reason why they were proposing the minimum reforms through constitutional amendments as an avenue of “stabilising the country”.

The bill prepared by the churches is titled: The Constitution of Kenya (Amendment) Bill 2009.

The bill released to journalists in Limuru, proposes that presidential elections be held on the first Tuesday of December at the end of the five-year term of Parliament. It is also proposing that the a person be president after securing 50 per cent plus one votes in an election.

The churches also propose that all presidential appointments be subjected to parliamentary approval as a way of checking the powers of the president.

They are also suggesting that the offices of the Attorney General and that of the Director of Public Prosecutions be established as separate and independent office with security of tenure.

They also want the parliamentary calendar pre-defined in the constitution.

In the Judiciary, they are proposing that the Judicial Service Commission be reconstituted and a Supreme Court be established.

“The stabilisation reforms we have proposed here are to be undertaken through normal amendments to the constitution as provided for in the constitution,” Rev Karanja said.

At the same time, NCCK said that the 30-day period set aside for the public to debate the draft constitution was not enough. They noted that there was need to ensure that Kenyans had ample time to build consensus on the contentious issues ahead of the referendum.