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Law experts ready to review draft
Committee of Experts on constitutional review director Ekuru Aukot (centre) in consultation with committee chairman Nzamba Gitonga (right) and deputy chair Atsango Chesoni (left) at a past meeting. Photo/FILE
Posted Wednesday, January 27 2010 at 12:18
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
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Submitted by Anonymous authorPosted January 28, 2010 01:10 PM
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Submitted by isuni_yilu
Coming up with a draft -- a working paper -- is the more difficult thing to do than to critique what has already been done. I would say that the CoE did a commendable job considering that they had to walk a very tight rope and balance the interests of very many stakeholders. I believe that we will still end up with a very good document: let politicians know that constitution making invloves a lot of compromise as opposed to grandstanding.
Posted January 28, 2010 11:16 AM -
Submitted by jnalyanya
I think the experts did a good job broadwise. The PSC is only refining, and tailoring it. Now I believe they will even do a better job after they get if from the PSC in tunning according to our needs not necesarily I agree with PSC 100%.
Posted January 27, 2010 06:51 PM -
Submitted by dochwangi
I totally agree with Angie2090's views. The "experts" might as well be the "Amateurs" with respect to this thing; thank God they are not the final say in this. Thank God that the elected people's representatives are finally listening to us!
Posted January 27, 2010 06:46 PM -
Submitted by angle2090
The 'experts' did a very shoddy job. The PSC clearly knows what Kenya needs! The experts, however, are either confused, inept or under someone's influence!
Posted January 27, 2010 05:00 PM
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Reply to-dochwangi YOu are sure legislators listen to us? I donot think so. The most moral ethical thing to do which is not an option but a must is pay taxes, and lead by examples they donot do-I would assume that if possible given a chance in the new constitution, thank no chance that their wives, children, grandpas, extend family would be exempted from paying taxes too, that is their real true thinking.