BY KAWIVE WAMBUA:This constitution review: How not to lose it

Thursday, October 29, 2009 The Constitution of Kenya Review Act 2008 created a Committee of Experts (CoE) as a key organ in the review process. The CoE, though not expressly mandated, was expected to exhaustively consult with all stakeholders and get views on the process and content of the constitution before the production of a draft. The spirit of the law also required them to conduct civic education every step of the way. So far, the CoE has abandoned civic education (and opts to stick to the 30 day expressly provided for in the law) and has made a joke of consultations. In so doing, the CoE has consolidated negativity against it from the political class, the civil society and the religious sector. BUT IT MUST BE SEEN THAT THE CoE CAN ARGUE, CORRECTLY, THAT IT ACTED WITHIN THE LAW! There is therefore a great possibility that when the bill is published, even as we wait for parliament to debate it, there will be alot of negative publicity about it and this may lead to the formenting of attitude against the bill. We ask that all campaign for a Yes-Yes referendum (even if this means changing the law) and this means as follows: We have two otherwise identical drafts; * One espousing the Presidential system of Government * The other the Parliamentary system of Government Voters then will vote YES for the one they want to have. If one voter choses one, (s)he votes YES. If another voter choses the other, (s)he votes YES - hence the YES-YES referendum! Of course there are arguments against this: who said this is the single most critical issue? Can we mix an issue referendum with the constitutional referendum? Where has this ever happened before? etc etc But let the truth be told... IF WE GO TO THE REFERENDUM WITH A YES/NO VOTE ON A SINGLE DRAFT, IT WILL MEAN THAT A NO! VOTE FOR THE PROPOSED DRAFT IS A YES! VOTE FOR THE PRESENT CONSTITUTION The least we can bargain for (God forbid!) is having the contentious issues removed from the draft to be taken for the referendum (and passed later after further consultations) Kenyans must have a new framework. Let not the rotten pieces be put in the same pot with the clean and healthy others. SO GOD HELP KENYA! Positions 1. A new constitution is overdue; we can not afford another failure 2. Politicians want a Yes/no referendum so as to shoot down the process ...actually politicians want a YES/NO referendum so that they can plan 2012 3. We have to safeguard the gains we have made so far in the 2 decades of advocacy 4. CoE has not consulted enough and has consolidated negativity against its action 5. We must get it right this time; we have been at it for 2 decades ................................................................... ........... ........... My ten cents worth Kawive, Executive Secretary Constitution & Reform Education Consortium - CRECO P.O Box 2231-00200 Nairobi Office Location: Matumbato Rd, Upperhill Tel +254 020 2714762/63; Fax +254 020 2714763 Wireless 020 3590735; Mobile 0722 209779 Email kawivew@crecokenya.org website www.crecokenya.org A JUST SOCIETY