Kenya PM rules out amending draft

Kenya Prime Minister Raila Odinga has ruled out the possibility of amending the draft constitution saying that the process has reached a point of no return.

He said that once Parliament had passed the proposed Constitution, the next stage on the roadmap as set out by the Constitution of Kenya Review Act (2008) is clear: The document is handed over to the Attorney General for publication and "onward remittal to the people to ratify at a referendum."

"Everyone knows that the stage we have reached does not allow any more drafting or amendments," said Mr Odinga during a news conference at his Treasury offices in Nairobi on Wednesday. He, however, said amendments could be introduced later.

His sentiments were echoed by Justice minister Mutula Kilonzo and Attorney General Amos Wako who both said that there was no chance of amending the draft.

"And since we must adhere to the rule of law and constitutionalism in this country, it is imperative that we adhere strictly to the legal roadmap as set out in the Review Act."

Mr Odinga pointed out that while the draft was not perfect it was better than the current Constitution especially "its aspirational preamble, progressive bill of rights, transformative devolution and representative clauses."

He said that the "Draft Constitution will entrench equity, equality, rights and freedoms hitherto dreamed of but unrealised by the people."

The PM said that Kenyans should appreciate that constitution- making is a" process, not an event" adding that the delicate nature of the process meant that not everyone would be completely satisfied with the draft.

"Therefore, opening up the document at this late stage for renegotiation will not bring consensus; it will fester confusion and recrimination. Indeed, it might even undermine the entire process," said Mr Odinga.

He said that Kenyans could amend the constitution later as is the practice in other countries and that the wish of Kenyans was reflected in th draft.

"Whatever amending amendments we might desire can be made later lake the Americans, South Africans and Canadians have done over the years."

He warned that the country would not be held at ransom by individuals threatening to shoot down the draft at the referendum.

"We appeal specifically to political, religious and civil society leaders to set aside any disagreements they might have over the Draft Constitution and forge a common front. This is not about political supremacy or the 2012 presidential campaign; it is about the interests of all Kenyans. said the PM.

"There is no place for secret deals, conspiracies or mutilations!"

Mr Odinga appealed to Kenyans to support the draft at the referendum by voting a "resounding YES."

At the same time, Mr Kilonzo ruled out chances of introducing any changes to the proposed constitution before it is presented for Kenyans to vote at the referendum.

At the weekend, Agriculture minister William Ruto suggested an amendment to the Constitution of Kenya Review Act (2008) to change contentious clauses before the draft.

But Mr Kilonzo said there would be no compromise on the matter.

“I support consensus-building as long as the issue doesn’t require amending the document. We can formulate a way to build consensus,” he said at a ceremony to handover the draft to Attorney General Amos Wako for final editing and publishing within 30 days.

The Church objects to the section of Article 26 which empowers doctors to end a pregnancy if it endangers the woman's life or she needs emergency treatment.

Christian leaders are also opposed to the retention of kadhis' courts in the proposed Constitution under Article 169 and 170, which limit their authority to disputes over personal status, marriage, divorce or inheritance, where all the parties are Muslims and agree to take the case to a Kadhi.

The handover, performed at Parliament Buildings Wednesday, marks the beginning of the countdown to the referendum. 

Speaker Kenneth Marende expressed his joy and relief that the constitution review process had not stalled in Parliament despite the existing divisions between the MPs “and without any serious hitch.”

“I am a very happy man that the wheel is still turning and the conveyor belt has not stopped at Parliament,” said Mr Marende.

The draft was handed to Mr Wako with a cover letter signed by clerk of the National Assembly Patrick Gichohi and a copy of the Hansard- the official record of discussion on the draft by MPs in the House.

On his part, Mr Wako said his handling of the draft would be limited to “correcting formal or obvious errors or oversights without changing the substance” of the draft law passed by Parliament last Thursday.

“I want to assure the people of Kenya that I will not amend, I will not effect any alteration to the draft,” said the long-serving AG, who has been in office almost since the beginning of the quest for a new set of laws in 1991. 

The Constitution says the AG should publish the draft within 30 days of receiving it from Parliament but he said he would do that sooner than the set period. Mr Kilonzo urged him to do so within seven days.

PSC chairman Mohammed Abdikadir urged the AG to move with speed so that the document can be published soon and the issues made clear.

There are four organs in the constitutional process and three of these-the Committee of Experts, Parliamentary Select Committee and Parliament itself- have already discharged their mandates, said the AG.

The fourth organ is the referendum, which will be conducted by the Interim Independent Electoral Commission, which will formulate the questions to be put to Kenyans, and the symbols to represent each side.

Additional reporting by John Ngirachu