Law experts ready to review draft

The Committee of Experts is waiting for recommendations on the draft constitution from a team of MPs meeting in Naivasha for consideration.

Director Ekuru Aukot said: “We are waiting for the report on Friday.”

“Section 33 of the law (Constitution of Kenya Review Act 2008) is very clear. We will consider the views and recommendations,” Mr Aukot told the Nation.

He was responding to a query on what the committee will do following the 'mutilation' of the revised draft by the Parliamentary Select Committee on Constitution.

Several groups including the Kenya National Commission on Human Rights, the Gender Commission and stakeholders on land have accused the PSC of watering down the draft presented to them by the CoE.

The PSC removed the KNCHR, National Land Commission and Gender Commission from the draft, sparking outrage from various groups. The MPs proposed that instead of entrenching the entities in the constitution they should be stipulated by Acts of Parliament.

The PSC, according to Section 32 of the law were to within 21 days deliberate and build consensus on the contentious issues on the basis of the recommendations of the experts.

Section 33 (1) of the law says after receiving the draft from the MPs, the experts “shall revise the draft Constitution taking into account the achieved consensus.”

The MPs team is holding a retreat at the Great Rift Valley Lodge in Naivasha to seek consensus on contentious issues in the revised draft constitution.

The team has already agreed on a pure presidential system of governance and settled on a two-tier National Assembly, proposed an additional 80 constituencies and suggested 18 regional assemblies on devolution.

Mr Aukot said his team headed by lawyer Nzamba Kitonga will have 21 days to finish revising the draft.

The following is the timeline towards the realisation of a new constitution:

--February 25 – Draft expected before Parliament for a 30-day debate period.

--March 26 – Parliament either approves the draft or proposes amendments. If approved, the process jumps to publication of new constitution by April 26 then referendum on June 26.

--April 1 – End of a 7-day period for the experts to consider the proposed amendments

--April 2 – Parliament either approves the draft or sends it back to the experts if they do not agree.

-- April 9 – The experts, the PSC and the Reference Group meet to iron out the issues causing the deadlock in parliament for 7 days.

--April 16 – Draft tabled in Parliament and MPs required by law to approve it.

--May 17 – Deadline by when the AG should have published the draft and IIEC announces referendum date to be 60 days later.

July 17 – Referendum

July 19 – Announcement of referendum results.

August 2 – Deadline by which President Kibaki should have promulgated the new constitution.