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| The Constitution Making Process |
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The Roadmap to a new Constitution The clamor for a new constitution for Kenya dates back to 1964, resulting to the achievement of manyconstitutional milestones but a new constitution. To date, several amendments have been made to the federal constitution drawn at independence but they fell short of providing the country with the best institutional and governance structures and therefore failed to enable Kenya achieve its full potential in fostering peace, economic growth and social harmony among its peoples.Three Draft Constitutions In response to the people’s yearning for a new constitutional dispensation that would embody greater democracy, respect for human rights and accountability on the part of the Government, the Constitution of Kenya Review Commission (CKRC) embarked on a process of constitutional review in 2003. The process led to three draft constitutions: The Constitution of Kenya Review Commission Draft submitted to Bomas Constitutional Conference (Ghai Draft), the Constitution Conference Draft (Bomas Draft) and the Proposed New Constitution 2005 (Wako Draft). The Wako Draft was voted on in the 2005 referendum but it did not meet the expectations of majority of Kenyans hence it was rebuffed at the ballot box. Contentious issues The Wako draft was defeated mainly due to issues that were contentious and were not agreed upon by a majority of Kenyans, thus killing the dream of a new constitution. To address the bone of contention, the committee reviewed all the existing draft constitutions, documents reflecting political agreement on critical constitutional questions, analytical and academic studies commissioned by CKRC, consulted with the people and unanimously identified the issues that were not agreed upon as; the executive and Legislature, devolution of powers and bringing the constitution to effect (transitional clauses). It is therefore, intended by the Review Act that when a consensus is achieved on the contentious issues, Kenyans will be able to support the draft and vote for it in the referendum so that country may at last have a new constitution. Agenda 4 After the disputed Presidential elections of 2007, Kenya witnessed its worst moment in history when there was widespread violence in the country. Negotiations mediated by the African Panel of Eminent Persons helped achieve a consensus that led to the signing of the National Accord. In order to achieve lasting peace and prosperity, the accord under Agenda Four requires a new Constitution for Kenya to be enacted.
This gave a new push to the search for a new constitution. Parliament enacted the Constitution of Kenya (Amendment) Act, 2008 and the Constitution of Kenya Review Act, 2008 to serve as the legal framework for achieving a new constitution. The Review Act requires the Committee of Experts to finalize its work within twelve months. The draft produced in the review process must be passed by the National Assembly and then put to the people of Kenya in a referendum.
In accordance with the provision of the Constitution of Kenya Review Act 2008, the Committee of Experts is expected to finalize its work within twelve months from the date of appointment of the committee. The draft constitution that is finally approved by the National Assembly will be put to a referendum conducted by the Interim Independent Electoral Commission (IIEC).
The Committee of Experts which is the main technical organ in the constitutional review process comprises nine experts and two ex officio members who were nominated by the National Assembly and appointed by the President as per the Review Act.
Adapted From: www.coekenya.go.ke
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