MPs see more ‘sticky issues’ at retreat

• President and PM to marshall support for the new proposals

The meeting of MPs to discuss the proposed constitution continues on Monday with the suspicion and tension between the two main coalition partners in government set aside, at least for now.

President Kibaki and Prime Minister Raila Odinga have been called in to unite the MPs to adopt the new proposals at an in-house forum in Parliament on Tuesday.

As the deliberations took off at the Kenya Institute of Administration last Wednesday, it was difficult to guess what each side had up their sleeves.

But by Thursday, the rivalry had dissipated, and MPs re-grouped into regional blocs to push for their interests such as federalism — most popular with Coast, Rift Valley, Nyanza and Western MPs. By Friday they had settled on 25 regions and a fixed number of constituencies.

But a closed-door learning session in which the MPs were taken through the draft constitution clause by clause by PSC chairman Mohamed Abdikadir, vice-chairman Ababu Namwamba, the Speaker and ministers Mutula Kilonzo and James Orengo only appeared to open the MPs’ eyes to additional sticky issues.

For instance, Changamwe MP Ramadhan Kajembe proposed that homosexuals be barred from setting foot on Kenyan soil by introducing a provision in Article 45 on Family.

Nairobi Metropolitan minister Njeru Githae suggested that marriage between a couple whose age difference is 40 years and above be outlawed in the article on Family.

Incestuous marriage

On the same article, PNU chief whip and Juja MP George Thuo proposed an additional clause to block incestuous marriages.

And in an apparent bid to prevent child marriages Turkana South MP Joseph Nanok proposed an amendment to subsection 2 of the article which reads: “Every adult has the right to marry a person of the opposite sex, based on free consent of the parties.” He suggested that “person” be replaced with “adult”.

Kimilili MP Eseli Simiyu suggested that public officers be barred from speaking vernacular in offices. The Ford Kenya MP proposed that article 44 (2) on Language and Culture be qualified to enforce this.

As for the fundamental freedoms of prisoners and detainees, Nithi MP Kareke Mbiuki said the new constitution should provide for their conjugal rights in Article 51.

Mr Githae and Lands assistant minister Bifwoli Wakoli suggested that the new law expressly provide for forced labour for prisoners. According to the minister, schools and families, too, should be excluded from the requirement in Article 30 (2) which prohibits forced labour.

Mashujaa Day

The issue of whether or not to rename Kenyatta Day — celebrated on October 20 — returned to haunt the MPs. The Committee of Experts renamed it Mashujaa (Heroes) Day in recognition of the nation’s freedom fighters.

While Mr Githae wants it to revert to Kenyatta Day, Galole MP Godhana Dhadho suggested that it be named Undugu Day (the day of brotherhood).

And David Njuguna, the Lari MP, insisted that the new constitution must in Article 39 (1) be specific that everybody has the right to freedom of movement in Kenya. His grievance is that the sub-section does not mention Kenya.

The MPs’ discussions have been extended by a day, to Monday. But their agreements are not binding, and any amendment to the proposed constitution will require the support of 145 MPs.

Njeri Rugene is the Nation’s Parliamentary Editor nrugene@ke.nationmedia.com