Kenya draft law goes to press next week

The proposed constitution will be published on Thursday, next week. The draft could have been published sooner but this was put off to allow Kenyans to register as voters, Attorney-General Amos Wako said.

According to the Constitution of Kenya Review Act, the AG has 30 days to publish the draft from the day he receives it from Parliament.

“I could have done that, but in the interest of enabling as many people as possible to register, I have withheld publishing the document for some time so that I can make full use of the time given to me under the law,” he said.

Mr Wako had agreed on the need to withhold publishing the document after an earlier meeting with Justice minister Mutula Kilonzo and Interim Independent Electoral Commission head Issack Hassan.

The law does not allow the AG to effect any alterations, except for editorial purposes and in consultation with the Parliamentary Select Committee.

The AG also urged the youth to register in large numbers so that they can vote on the document as it belongs more to them than to the older generation.

“Some of us are now old and shall not live under that constitution for too long, but the youth will and I ask them to go and register,” added Mr Wako, who was speaking at Kenyatta International Conference Centre.

Meanwhile, a case challenging the law on the referendum should be served on the Attorney-General. The order was issued on Thursday by the High Court in a case filed by Mr Kamau Daniel Chege and Mr Cosmus Kipkemoi Ng’eno.

Infringement

The two argue that asking voters to say “Yes” or “No” infringes on their right of expression since one is limited to agreeing or disagreeing with the entire document, leaving them with limited options.

The two also contend that their constitutional freedom of expression would be at stake should the court turn them down as the Attorney-General would release the draft any time.

Section 37(3) of the Review Act contradicts the Constitution, which guarantees freedom of expression. The two want the court to quash the section and order an amendment.