Draft: Process may be cut

• Sh404.66 million has been spent on the process against a total budget of Sh1.48 billion.

Some stages of the remaining part of the constitutional review process are likely to be shortened in a bid to hasten conclusion of the exercise and give Kenyans a new Constitution.

Parliament heard Thursday that so far a total of Sh404.66 million has been spent on the process against a total budget of Sh1.48 billion.

The amount does not, however, include the amount needed to conduct the national referendum exercise.

And the government maintains that it is not willing to extend the 30-day period provided for Kenyans to debate the Harmonised Draft Constitution for fear that it would create an avenue for polarising the country.

Justice and Constitutional Affairs minister Mutula Kilonzo said despite logistical challenges of disseminating the draft, the 30 days provided for debate were still sufficient.

“In light of the long period that Kenyans have waited for a new Constitution which in my view is about 20 years, there is little need for extending the debate time… I won’t be willing to stand up with a clear mind to say we need an extension.”

He explained that the 30 days were intended to give an opportunity to people who were keen on particular issues and had submitted memos to the Committee of Experts expressing their dissatisfaction.

“I am therefore hesitating and I want to advise the country that the 30 is sufficient and if we cannot be able to do it within this period then we can never,” he said.

Saboti MP Mr Eugene Wamalwa had argued that time was already running out and with two weeks into the debate period, some Kenyans were yet to get copies of the draft copy.

Mr Mohammed Affey (ODM-K, Nominated) sought to know how the CoE planned to stem the political class from derailing the process.

In a bid to move faster, the Committee of Experts has advised that it will use only ten days and not 21 days to consult on the draft when it comes back to it after the views of Kenyans are incorporated after the debate period.

This is expected to be completed by January 7, 2010 after which the draft will be presented to the Parliamentary Select Committee on the review process for consensus building.

Although this stage has been planned with 21 days in mind, Mr Kilonzo said he thinks this can be done in ten days, though it remains an issue for consideration.

The minister indicated to MPs that it may not also be necessary to take back the revised draft to the National Assembly again after it has been presented to the PSC, the CoE and the Reference Group if all issues will have been sorted out.

The minister took Parliament through the remaining calendar of the review process which ends on July 4 .

He indicated that MPs may be required to reconvene from their Christmas break in February, earlier than a traditional March date so as to receive the draft from the PSC.

“The House should bear this in mind when going to recess to prepare to receive this draft,” he said.

The National Assembly would then discuss the revised draft between February 25 and March 27 before referring it to the committee, the Reference Group and the PSC.

The period for publishing the draft by the AG could also be reduced, according to the minister from 20 days to seven days.

A statement had been demanded from the minister by Garsen MP Danson Mungatana who is the convener of the parliamentary reform caucus group.

The member asked the minister to take the country through the stages of the remaining part of the exercise as well as the process of distributing the draft copies.

Mr Kilonzo restated his preference for special referendum law to insulate the exercise from legal attacks saying it was a matter of abundant caution.

“It is necessary to prevent those who may want to attempt to forestall the process on a legal front,” he said. “I find no reason why we cannot enact one,” he stated.

Some 4 million copies are expected to be released for distribution Friday, among them Swahili version, electronic and Braille copies.

Copies will also be disseminated through civil society networks.

The House heard that at least 4 million Kenyans may have accessed the soft copy of the draft online. The minister said the CoE website registered 4.7 visits on November 17 when the draft was released causing a heavy traffic jam that clogged the system.

“The website witnessed the highest traffic ever and by midday it was completely inaccesible showing how the draft had been highly anticipated,” he said.