Lobby groups criticise PSC draft proposals

Members of the civil society on Sunday rescinded their earlier position on the draft constitution, saying that some of the resolutions from the Parliamentary Select Committee were wanting.

Led by Executive Director for Centre for Law And Research, Mr Morris Odhiambo, the members, under National Civil Society Congress, criticised the committee’s resolution to increase the number of constituencies from the current 210 to 290.

He warned that there was a possibility of disagreement in Parliament over major issues in the draft and no clarity on what should follow if legislators fail to reach consensus within the 30 days provided in the constitution review Act.

“Last week, reacting to the emerging consensus in Naivasha, we relayed a message of hope. Today, we urge Kenyans to exercise cautious optimism,” he said.

Mr Odhiambo said a huge challenge lay ahead in the transition from the old constitution to the new. “Many pieces of legislation shall be required to facilitate this. There will be a challenge and even possibility of frustration in putting up new institutions ,” he said.

The members said the decision to increase the number of constituencies was led by greed, terming it as “immoral and unethical.” Speaking at a Nairobi hotel, Mr Odhiambo said it would be too costly to sustain an increased number of legislators. “We support the creation of special seats for interest groups, however the proposed figures are too high,” he said.

National Civil Society Congress co-ordinator Churchill Suba said the need for more constituencies has since waned following the adoption of a devolved government. “We need as few (seats) as possible. We expect the devolved government to do most of what Kenyans wanted to be done by MPs,” said Mr Suba.

He further accused the 26-member Parliamentary Select Committee of overstepping its mandate by setting the number of electoral units.

Mr Suba said the duty should have been left to the Andrew Ligale-led Interim Independent Boundaries Review Commission, that is set to start collecting views from the public on Monday. “The job should be left to an independent body.

“This is the reason why it was left to the defunct Electoral Commission of Kenya. The MPs reflect constituencies and selfish interests,” he said.

“Parliament must have the final say in terms of boundaries,” he added.

Elsewhere, ex-freedom fighters, through the Kenya African Mau Mau Union, criticised the PSC for not entrenching the freedom fighters in the constitution. “It is pathetic that they have been neglected for the last 46 years.

“The MPs towed the same path as the Committee of Experts and failed to entrench the fighters in the constitution,” said the union’s chairman, Harkman Muniu. “We make a final plea to the experts to include the role of Mau Mau in the final draft,” he added.